STATE, DEPT. OF REVENUE v. KUNHARDT

No. 97-2503.

711 So.2d 247 (1998)

The STATE of Florida, DEPARTMENT OF REVENUE, on Behalf of Melissa MOSELEY, Appellant, v. Arthur KUNHARDT, Appellee.

District Court of Appeal of Florida, Third District.

June 3, 1998.


Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Barbara A. Ard, Assistant Attorney General, for appellant.

Arthur Kunhardt, in proper person.

Before GODERICH, GREEN and FLETCHER, JJ.


GREEN, Judge.

In this contempt proceeding for the nonpayment of child support, the Department of Revenue ("Department"), on behalf of the mother, Melissa Moseley, appeals an order denying its motion for rehearing of an order permitting DNA testing two years after the issue of paternity had been established through a final judgment of paternity. We reverse upon our conclusion that: (1) in the absence of a showing of fraud upon the court, the court lacked jurisdiction...

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