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STATE, DEPT. OF REVENUE EX REL. BARNES v. SWATTS

No. 1D07-6313.

988 So.2d 1284 (2008)

STATE of Florida, DEPARTMENT OF REVENUE, on behalf of Linda BARNES, Petitioner, v. Darius J. SWATTS, Respondent.

District Court of Appeal of Florida, First District.

August 29, 2008.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, and William H. Branch, Assistant Attorney General, Tallahassee, for Petitioner.

No appearance for Respondent.

PER CURIAM.

Inasmuch as the circuit court essentially construed the respondent's hand-written pro se request for DNA testing as a section 742.10(4), Florida Statutes, challenge to paternity based on fraud, duress, or material mistake of fact, we deny the petition for writ of certiorari. See Dade County School Bd. v. Radio Station WQBA, 731 So.2d 638 (Fla.1999).

ALLEN, and BENTON, JJ., CONCUR; BROWNING, C.J., DISSENTS...

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