Llanos v. Huerta
In consolidated anti-stalking injunction proceedings, the trial court sua sponte raised the biological paternity of the married petitioners' minor child and ordered genetic testing on the alleged stalker's ore tenus motion. The Third District granted certiorari and quashed the orders, holding paternity was not 'in controversy,' no good cause existed, and a prior unappealed paternity adjudication was res judicata.
Key facts
- Married petitioners sought anti-stalking injunctions against a respondent; the trial court sua sponte raised questions about the biological paternity of the petitioners' minor child and ordered genetic testing on the respondent's oral motion.
- The petitioners did not appeal the paternity testing order through normal appellate channels but instead sought certiorari review in the Third District Court of Appeal.
- +1 more key fact with a free trial
Why it matters
The opinion gives counsel a clean, citable framework for resisting compelled genetic testing: the in-controversy, good-cause, and best-interest prongs, plus res judicata from any prior unappealed paternity adjudication… — full analysis with a trial
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