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REISS v. STATE, DEPARTMENT OF REVENUE

No. 4D99-4137.

753 So.2d 764 (2000)

Herman REISS, Jr., Petitioner, v. STATE of Florida, DEPARTMENT OF REVENUE, by and on Behalf of Biagio SAVA, Respondents.

District Court of Appeal of Florida, Fourth District.

March 22, 2000.

Attorney(s) appearing for the Case

Stan L. Riskin, Plantation, for petitioner.

Sharon C. Degnan and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for respondents.

WARNER, C.J.

The Department of Revenue petitioned the trial court to establish the paternity of a minor child, and moved the court to order DNA testing of petitioner, the purported father. Petitioner objected, noting that the Department's petition failed to not contain a "sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties...." § 742.12(2), Fla. Stat. (1999). Despite...

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