STATE EX REL. DHHR v. CLINE

No. 20030.

406 S.E.2d 749 (1991)

STATE of West Virginia ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES as subrogee of Jeaneace L. Stump, Plaintiff Below, Petitioner, v. Honorable Danny O. CLINE, Judge of the Circuit Court of Webster County, and Delmas Simmons, Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 28, 1991.


Attorney(s) appearing for the Case

William W. Talbott, Talbott & Alsop, L.C., Webster Springs, for Delmas D. Simmons.

Asa Holcomb, for West Virginia Dept. of Health and Human Resources.

Robert Reed Sowa, Sutton, Child Advocate on behalf of Oliver Stump.


PER CURIAM:

The West Virginia Department of Health and Human Resources, as subrogee of Jeaneace L. Stump, seeks a writ of prohibition to prevent the execution of a final order of the Circuit Court of Webster County entered on February 8, 1991. The petitioner contends that the lower court erred by ordering the DNA fingerprinting blood testing of Jeaneace L. Stump, her son Oliver J. Stump, and the putative father, Delmas D. Simmons. We agree with the contentions of...

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