T.D.D. v. M.J.D.D., 83-2059
| Decision Date | 13 July 1984 |
| Docket Number | No. 83-2059,83-2059 |
| Citation | 453 So.2d 856 |
| Parties | T.D.D., Husband, Petitioner, v. M.J.D.D., Wife, Respondent. |
| Court | Florida District Court of Appeals |
John C. Guerriero, Fort Pierce, for petitioner.
Ronald S. Fanaro of Bernard F. Grall, Jr., P.A., Vero Beach, for respondent.
This matter comes before us on petition for writ of certiorari to quash two orders of the circuit court. The first order denied the husband's motion to strike the wife's allegations challenging the legitimacy of a minor child born during the marriage of the parties. In the second order, the court compelled the husband to submit to HLA blood testing.
On June 16, 1978, before their marriage, the husband had sexual relations with the wife. Sometime later, the wife informed him that she was going to have his baby. She testified that she told the husband that she was having his baby in order to induce him to marry her. The parties married and lived alternately in Italy and the United States. The wife gave birth to the child on February 10, 1979, and cohabited with the husband until February 25, 1983, when she petitioned for dissolution of marriage. Among other things, she alleged that the minor child was born of the marriage and prayed for custody of the child and sole parental responsibility with reasonable visitation rights to the husband. The wife swore to the facts alleged in the verified petition for dissolution. Thereafter, the parties entered into a stipulation settling custody, support, visitation rights and other matters.
When the parties appeared at the uncontested hearing, the wife indicated dissatisfaction with the visitation agreement. Her attorney moved for a continuance to give him time to research her right to challenge the legitimacy of her minor child. After various pleadings, the wife filed an amended petition for dissolution which challenged the husband's paternity and moved to compel him to submit to HLA blood testing. The trial court denied the husband's motion to strike the amended pleadings and granted the wife's motion to compel him to submit to HLA blood testing. During the course of the proceedings, the wife or her counsel disclosed to the court that the putative father does not know that he is the father of the child, or that the wife claims that he is; and that he is a convicted drug dealer who, to the best of the wife's knowledge and belief, is presently confined in jail. The wife did not disclose the putative father's name.
On certiorari the husband contends that the wife is estopped to challenge paternity and further argues that this paternity proceeding is not in the best interest of the child. We grant certiorari as to the order compelling the husband to submit to HLA testing because the order is in the nature of a discovery order compelling a physical examination. Certiorari is appropriate when used to review orders compelling discovery. See Powell v. Wingard, 402 So.2d 532 (Fla. 5th DCA 1981). We decline to review the order denying the...
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