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DEPARTMENT OF REVENUE, STATE OF FLA. v. MYRICK

No. 97-2448.

706 So.2d 104 (1998)

DEPARTMENT OF REVENUE, STATE OF FLORIDA, Appellant, v. Clayton MYRICK, Appellee.

District Court of Appeal of Florida, Fifth District.

February 20, 1998.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Barbara A. Ard, Assistant Attorney General, Tampa, for Appellant.

No Appearance for Appellee.

THOMPSON, Judge.

The Department of Revenue ("DOR"), on behalf of Rujeania Magee, appeals an order of contempt which ordered blood testing to determine paternity three years after paternity had been adjudicated. We reverse.

DOR filed a petition to determine paternity in June, 1994. Clayton Myrick, the putative father, was served but failed to file a response or any paper upon the DOR. A default was entered on 29 July 1994, and a final judgment adjudicating...

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