Interest of C.D.C.

Docket No. 20180371
Oral Argument: Waived

Docket Info

Title
In the Interest of C.D.C., a minor child
----------
B.C., Plaintiff and Appellant
v.
S.P., n/k/a S.H., Defendant
Case Type
CIVIL APPEAL : PATERNITY
Appeal From
Case No. 05-C-00713
East Central Judicial District, Cass County
Susan J. Solheim

Parties' Statement of Issues


Summary

B.C. appeals from an order denying his motion to vacate a 2005 judgment determining a parent-child relationship existed between him and C.D.C. and ordering B.C. to pay child support.

In 2005, the district court entered a judgment determining B.C. was the natural father of C.D.C. based on B.C.’s signed acknowledgment of paternity in August 2003. The order also required B.C. to pay child support. In 2018, B.C. sued the child’s mother, seeking to rescind the acknowledgment of paternity, to allow the admission of a DNA test result into evidence, and to terminate his child support obligation. He alleged a DNA test result showed he is not the child’s father and his acknowledgment of paternity was void because of fraud and duress. A judicial referee acknowledged the parties agreed to consolidate B.C.’s separate action with the prior paternity and support action and denied B.C.’s motion to vacate the judgment in the prior action because B.C.’s argument had been or could have been raised previously.

On appeal, B.C. argues a DNA test establishes he is not the child’s father and the acknowledgment of paternity is void, the issues in this action are different from the issues in the paternity and support action and are not res judicata, his claims are not barred by any statute of limitations, and appropriate hospital procedures were not followed when he signed the acknowledgment of paternity.


Briefs

Filing Date Description
12/13/2018 APPELLANT BRIEF View

Counsel

Party Type Name
APPELLANT PRO SE Beau B. Cunningham

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 10/04/2018 NOTICE OF APPEAL : 10/04/2018
2 10/04/2018 Petition to Waive Filing Fee on Appeal and Affidavit w/ Preliminary Issues
3 10/18/2018 ACTION BY CLERK (waiver of filing fee) - Granted
4 10/23/2018 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 10/23/2018 Notice served on B.B.C. and S.H.
6 11/13/2018 MOT. EXT/TIME APPELLANT BRIEF
7 11/13/2018 E-FILED MOTION
8 11/14/2018 ACTION BY CLERK - Granted : 12/13/2018
9 11/20/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 19, 2018 (ENTRY NOS. 1 - 27)(2018-DM-00828)
10 11/28/2018 1ST ELEC. SUPP. RECORD ON APPEAL DATED NOVEMBER 27, 2018 (ENTRY NOS. 28-29)(2018-DM-00828)
11 11/30/2018 ELEC. RECORD ON APPEAL DATED NOVEMBER 29, 2018 (ENTRY NOS. 1-11, 13-28, 30-48, 50-99)
12 11/30/2018 (NOT SENT: 12, 29, & 49)(05-C-00713)
13 12/06/2018 Non-compliant ATB & ATA rec'd, given until 12/19/18 to provide service of ATB, proper ATA, & redact
14 12/12/2018 ELEC. SUPP. RECORD ON APPEAL DATED DECEMBER 5, 2018 (ENTRY NOS. 100-103)
15 12/13/2018 Rec'd $25 e-filing surcharge for ATB (receipt #26787)
16 12/13/2018 APPELLANT BRIEF View
17 12/13/2018 E-FILED BRIEF
18 12/13/2018 APPELLANT APPENDIX
19 12/13/2018 E-FILED APPENDIX
20 12/13/2018 Proof of service of ATB
21 12/18/2018 Rec'd non-substantive corrections to ATA
22 12/28/2018 Rec'd non-substantive corrections to ATB (dated sig page, c.o.s. of revised atb & ata)
23 01/04/2019 Rec'd 6 copies of ATB & ATA from CSD
24 01/08/2019 Appellee's Brief (non-compliant)
25 01/28/2019 No Compliant AEB Received
26 02/19/2019 NOTICE OF ORAL ARGUMENT SENT
27 03/03/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
28 03/07/2019 ACTION BY SUPREME COURT - Granted
29 03/19/2019 APPEARANCES: Waived by Appellant under N.D.R.App.P. 34(f); no brief filed by appellee
30 03/19/2019 ARGUED: Waived by Appellant under N.D.R.App.P. 34(f); no brief filed by appellee