ELZEY v. SMITH

No. AB-169.

412 So.2d 918 (1982)

Welton Franklin ELZEY, III, Appellant, v. Tammy Irene SMITH, by Her Father and Next Friend, Tony F. Smith, Appellee.

District Court of Appeal of Florida, First District.

April 14, 1982.


Attorney(s) appearing for the Case

Philip A. Bates of Emmanuel, Sheppard & Condon, Pensacola, for appellant.

E. Brian Lang of Mann, Lang, Fiveash & Staples, Pensacola, for appellee.


MILLS, Judge.

Following a nonjury trial in a paternity action brought by Tammy, the trial court ruled that Frank was the father of the child borne by Tammy and ordered him to support the child. Frank contends the trial court erred in denying his motion to compel Tammy and the baby to submit to a Human Leukocyte Antigen (HLA) blood test and contends the trial court's decision was against the manifest weight of the evidence. We agree that the trial court erred in denying...

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