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SMITH v. ELEANORE GARBER

No. 2009-SC-000738-MR.

TREVOR ANDREW SMITH; AND BETHANY SMITH, Appellants, v. ELEANORE GARBER, JUDGE, JEFFERSON FAMILY COURT and ANDREW CAHILL (REAL PARTY IN INTEREST), Appellees,

Supreme Court of Kentucky.

June 17, 2010.

Attorney(s) appearing for the Case

Grant M. Helman, Stuart A. Scherer, Helman 8s Rice, 539 West Market Street, 4th Floor, Old Portland Building, Louisville, Kentucky 40202-3308, James Russell Lloyd, J. Russell Lloyd, P.S.C., 600 West Main Street, Suite 100, Louisville, Kentucky 40202, Counsel for Appellant, Trevor Andrew Smith.

Ann Holland Houston, Bank of Louisville Building, 510 West Broadway — Suite 805, Louisville, Kentucky 40202, Counsel for Appellant, Bethany Smith.

Honorable Eleanore Garber, 700 West Jefferson Street, 5th Floor, Louisville, Kentucky 40202, Appellee, Eleanore Garber, Judge, Jefferson Family Court.

David J. Thompson, Jr., 1412 Bardstown Road, Louisville, Kentucky 40204, Counsel for Appellee, Andrew Cahill (Real Party In Interest).

OPINION OF THE COURT BY JUSTICE NOBLE.

This matter originated in a suit by Andrew Cahill in Jefferson Family Court seeking to establish paternity and obtain custody of T.E.S., a minor child born to Bethany Smith, the former wife of Trevor Smith. The Smiths sought a writ of prohibition from the Court of Appeals enjoining the family court from ordering genetic testing. The Court of Appeals denied the writ. Because the family court was acting within its jurisdiction...

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