
    STATE of Florida, DEPARTMENT OF REVENUE, on behalf of Linda BARNES, Petitioner, v. Darius J. SWATTS, Respondent.
    No. 1D07-6313.
    District Court of Appeal of Florida, First District.
    Aug. 29, 2008.
    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 WITH OPINION.

BROWNING, C.J.,

dissents.

I respectfully dissent. Respondent’s handwritten unsworn letter to the lower court does not constitute a lawful challenge under section 742.10(4), Florida Statutes, when read in pari materia with section 742.18, Florida Statutes. I would quash the lower court’s order on the authority of Department of Revenue v. Price, 958 So.2d 1045 (Fla. 2d DCA 2007): a case, I might add, that the trial judge recognized as involving facts “essentially identical” to the facts at issue.  