Child Support Recovery Services, Inc. Ex Rel. S.C. v. Inn at the Waterfront, Inc.

7 P.3d 63, 2000 Alas. LEXIS 85, 2000 WL 1175022
CourtAlaska Supreme Court
DecidedAugust 18, 2000
DocketS-8691
StatusPublished
Cited by5 cases

This text of 7 P.3d 63 (Child Support Recovery Services, Inc. Ex Rel. S.C. v. Inn at the Waterfront, Inc.) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Child Support Recovery Services, Inc. Ex Rel. S.C. v. Inn at the Waterfront, Inc., 7 P.3d 63, 2000 Alas. LEXIS 85, 2000 WL 1175022 (Ala. 2000).

Opinions

OPINION

PER CURIAM.

Child Support Recovery Services, Inc. (CSRS) appeals the grant of summary judgment by the superior court in favor of Inn at the Waterfront, Inc. For the reasons stated in Judge Larry Weeks's thorough and [64]*64thoughtful summary judgment decision, relevant portions of which we set out in Appendix A, we affirm the grant of summary judgment. We add the following with respect to points specifically raised on the appeal:

1. At oral argument, counsel for appellant CSRS abandoned reliance on AS 25.27.260(b)1 Accordingly, we have excised Judge Weeks's analysis of the legislature's 1994 amendment of AS 25.27.260, which added subsection (b).

2. CSRS first appeared in this case in 1993 when the Child Support Enforcement Division assigned its enforeement right to 'CSRS. The sole defendant at the time, Cul-Tinane, did not object to this substitution, and the superior court allowed it. No question of CSRS's standing to pursue this case was raised until the superior court's summary judgment ruling. There, Judge Weeks ruled:

Finally, AS 25.27.260(b) which permits recovery by an individual as opposed to the state, was not enacted until a year after the last [order to withhold and deliver] was served in this case. The court believes that this fact precludes the individual plaintiff CSR[S] from recovery.

CSRS appealed the superior court's conclusion that it lacked standing to bring this action and argued in this court that Inn at the Waterfront should be equitably estopped from arguing lack of standing. Because at oral argument CSRS abandoned reliance on AS 25.27.260(b), and because we conclude that summary judgment was properly granted on the merits, we do not address CSRS's argument that Inn at the Waterfront should be equitably estopped from arguing that CSRS did not have the right to maintain its action. For this reason, and because the parties have not briefed the issue, we decline to address whether the state may assign its enforcement right to a private collection agency such as CSRS.

The judgment entered by the superior court is AFFIRMED.

APPENDIX A

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Bluebook (online)
7 P.3d 63, 2000 Alas. LEXIS 85, 2000 WL 1175022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/child-support-recovery-services-inc-ex-rel-sc-v-inn-at-the-alaska-2000.