An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA02-1175
            
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NORTH CAROLINA COURT OF APPEALS
        
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Filed: 6 May 2003

GUILFORD COUNTY, BY AND THROUGH
ITS CHILD SUPPORT ENFORCEMENT
OFFICE, ex rel. TERESA COBB    

         v.                        Guilford County
                                No. 89 CVD 989
THEODORE ANTHONY
    

    On a writ of certiorari from order entered 15 March 2002 by Judge Patrice A. Hinnant in Guilford County District Court. Heard in the Court of Appeals 14 April 2003.

    Guilford County Attorney's Office, by Deputy County Attorney Michael K. Newby, for petitioner-appellant.

    No brief filed by respondent-appellee.

    MARTIN, Judge.

    Teresa Cobb, mother of a child born 23 December 1988, executed an affirmation of paternity on 15 March 1989 identifying respondent, Theodore Anthony, as father of the child. Respondent executed an acknowledgment of paternity on 12 May 1989, and the trial court entered an order of paternity on 23 May 1989. On or about 18 May 2001 respondent filed a motion seeking DNA testing because he had reason to believe the child was not his. On or about 15 March 2002, the trial court allowed his motion. On 23 July 2002, this Court issued a writ of certiorari to review the court's order allowing paternity testing.    For the reasons stated in State of N.C. ex rel. Bright v. Flaskrud, 148 N.C. App. 710, 559 S.E.2d 286 (2002), we reverse the order. Until an order of paternity has been set aside, it remains res judicata and a bar to paternity testing. There is no order in the present record setting aside the prior order of paternity.
    Reversed.
    Judges McCULLOUGH and CALABRIA concur.
    Report per Rule 30(e).

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