HLA test in Florida

1998Similarly, in Ferguson v. Williams, 566 So.2d 9 (Fla. 3d DCA 1990), a putative father contested the granting of summary judgment in favor of the plaintiff/mother on the basis that HLA test results allegedly revealed a greater than 99% probability that the defendant was the father of plaintiff's children.

1990Unlike Ferguson v. Williams, 566 So.2d 9 (Fla. 3d.DCA 1990) (although Florida legislature has deemed HLA test results highly probative in paternity disputes, those test results are not always dispositive), the HLA results in this case showed a combined paternity index of zero.

1996In Wright v. Department of Health and Rehabilitative Servs. o/b/o Darling, 627 So.2d 1300 (Fla. 5th DCA 1993), HRS attempted to file a second paternity complaint after voluntarily dismissing the first complaint based on the negative results of the HLA test.

1996In Wright v. Department of Health and Rehabilitative Servs. o/b/o Darling, 627 So.2d 1300 (Fla. 5th DCA 1993), HRS attempted to file a second paternity complaint after voluntarily dismissing the first complaint based on the negative results of the HLA test.

1992See S.W.T. v. C.A.P., 575 So.2d 806 (Fla. 4th DCA 1991); M.P.S.H. v. D.H., 516 So.2d 1151 (Fla. 4th DCA 1987); T.D.D. v. M.J.D.D., 453 So.2d 856 (Fla. 4th DCA 1984).

1992See S.W.T. v. C.A.P., 575 So.2d 806 (Fla. 4th DCA 1991); M.P.S.H. v. D.H., 516 So.2d 1151 (Fla. 4th DCA 1987); T.D.D. v. M.J.D.D., 453 So.2d 856 (Fla. 4th DCA 1984).

1992See S.W.T. v. C.A.P., 575 So.2d 806 (Fla. 4th DCA 1991); M.P.S.H. v. D.H., 516 So.2d 1151 (Fla. 4th DCA 1987); T.D.D. v. M.J.D.D., 453 So.2d 856 (Fla. 4th DCA 1984).

1992See S.W.T. v. C.A.P., 575 So.2d 806 (Fla. 4th DCA 1991); M.P.S.H. v. D.H., 516 So.2d 1151 (Fla. 4th DCA 1987); T.D.D. v. M.J.D.D., 453 So.2d 856 (Fla. 4th DCA 1984).

1992But the court did not resolve the matter, indicating instead that it was bound by our decision in Pitcairn v. Vowell, 580 So.2d 219 (Fla. 1st DCA 1991), and thereby compelled to order the HLA test.

1992But the court did not resolve the matter, indicating instead that it was bound by our decision in Pitcairn v. Vowell, 580 So.2d 219 (Fla. 1st DCA 1991), and thereby compelled to order the HLA test.

1990We reverse this order establishing paternity on the authority of Ferguson v. Williams, 566 So.2d 9 (Fla. 3d DCA 1990) and Dutilly v. Department of Health & Rehabilitative Services, 450 So.2d 1195 (Fla. 5th DCA 1984), both of which hold that although HLA test results are admissible under section 742.12, Florida Statutes (1989), they must be properly authenticated and a proper predicate laid first.

1990Given the probability levels associated with the test, see id. § 742.12(1), the HLA test results will inevitably be given very great weight by the trier of fact and will in many instances be the dispositive factor supporting a determination of paternity.

1990Given the probability levels associated with the test, see id. § 742.12(1), the HLA test results will inevitably be given very great weight by the trier of fact and will in many instances be the dispositive factor supporting a determination of paternity.

1989Commonwealth v. Beausoleil, 397 Mass. 206 , 217-218 n. 15, 490 N.E.2d 788 (1986) (evidence as to probability of paternity using HLA test admissible where estimate is `based on accepted scientific principles').

1989Commonwealth v. Beausoleil, 397 Mass. 206 , 217-218 n. 15, 490 N.E.2d 788 (1986) (evidence as to probability of paternity using HLA test admissible where estimate is `based on accepted scientific principles').

1989In Caldwell v. Division of Retirement, Florida Department of Administration, 372 So.2d 438 (Fla. 1979), the Supreme Court held that Section 90.304, Florida Statutes, presumptions impose on the party against whom the presumption operates, the burden of proof concerning the nonexistence of the presumed fact.

1989People v. Alzoubi, 133 Ill.

1989In Holley v. State, 523 So.2d 688 (Fla. 1st DCA 1988) an expert witness testified the defendant was the father of the statutory *697 rape victim's child "to a high degree of probability." He later expressed this as `98.2% and higher,' based on the HLA test (human leucocyte antigen paternity blood test).

1989In Holley v. State, 523 So.2d 688 (Fla. 1st DCA 1988) an expert witness testified the defendant was the father of the statutory *697 rape victim's child "to a high degree of probability." He later expressed this as `98.2% and higher,' based on the HLA test (human leucocyte antigen paternity blood test).

1988Recent opinions have noted in other procedural contexts that a paternity action should not be viewed "as if it were simply a claim between private parties to enforce a monetary obligation," and we reversed a default judgment "[bjecause of the serious consequences that may flow from a determination ... and in view of the now-recognized reliability of the HLA test to establish the probability of paternity rather than merely exclude a person as the father.” Locklear v. Sampson, 478 So.2d 1113 (Fla. 1st DCA 1985).

1988Recent opinions have noted in other procedural contexts that a paternity action should not be viewed "as if it were simply a claim between private parties to enforce a monetary obligation," and we reversed a default judgment "[bjecause of the serious consequences that may flow from a determination ... and in view of the now-recognized reliability of the HLA test to establish the probability of paternity rather than merely exclude a person as the father.” Locklear v. Sampson, 478 So.2d 1113 (Fla. 1st DCA 1985).

1986Under the policy clearance, exclusion from a welfare grant was based on the results of a single HLA test, with no discretion given to the AFDC office to decide whether or not to impose sanctions. 444 So.2d at 46 .

1986Under the policy clearance, exclusion from a welfare grant was based on the results of a single HLA test, with no discretion given to the AFDC office to decide whether or not to impose sanctions. 444 So.2d at 46 .

1986See: Holliman v. Green, 439 So.2d 955 (Fla. 1st DCA 1988).

1986See: Holliman v. Green, 439 So.2d 955 (Fla. 1st DCA 1988).

1983The HRS representatives put forward no testimony which contradicted appellant's statements regarding her contacts with the putative father, nor did the Department present evidence indicating that any other person had engaged in sexual intercourse with appellant during the relevant time period. [3] Carlyon v. Weeks, 387 So.2d 465 (Fla. 1st DCA 1980). [4] The final order in Counts v. Department of Health and Rehabilitative Services was filed August 27, 1980, five months before appellant's hearing.

1983The HRS representatives put forward no testimony which contradicted appellant's statements regarding her contacts with the putative father, nor did the Department present evidence indicating that any other person had engaged in sexual intercourse with appellant during the relevant time period. [3] Carlyon v. Weeks, 387 So.2d 465 (Fla. 1st DCA 1980). [4] The final order in Counts v. Department of Health and Rehabilitative Services was filed August 27, 1980, five months before appellant's hearing.

1982The HLA test has been found to have substantial probative value in determining paternity and in Simons v. Jorg, 384 So.2d 1362 (Fla. 2d DCA 1980), the District Court of Appeal, Second District, affirmed an order which required the petitioner there to submit to such a test.

1982The HLA test has been found to have substantial probative value in determining paternity and in Simons v. Jorg, 384 So.2d 1362 (Fla. 2d DCA 1980), the District Court of Appeal, Second District, affirmed an order which required the petitioner there to submit to such a test.

1980Goodrich v. Norman, *468 100 Misc.2d 33 , 421 N.Y.S.2d 285 (N.Y.

1980Goodrich v. Norman, *468 100 Misc.2d 33 , 421 N.Y.S.2d 285 (N.Y.

1980Simons v. Jorg, 375 So.2d 288 (Fla.2d DCA 1979).

1980Simons v. Jorg, 375 So.2d 288 (Fla.2d DCA 1979).

1980Cramer v. Morrison, 88 Cal. App.3d 873 , 153 Cal. Rptr. 865 (1979); Malvasi v. Malvasi, 167 N.J.

1980Cramer v. Morrison, 88 Cal. App.3d 873 , 153 Cal. Rptr. 865 (1979); Malvasi v. Malvasi, 167 N.J.

1980Cramer v. Morrison, 88 Cal. App.3d 873 , 153 Cal. Rptr. 865 (1979); Malvasi v. Malvasi, 167 N.J.