DeGrande v. Demby

529 N.W.2d 340, 1995 WL 90195
CourtCourt of Appeals of Minnesota
DecidedMay 16, 1995
DocketC0-94-1224
StatusPublished
Cited by1 cases

This text of 529 N.W.2d 340 (DeGrande v. Demby) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeGrande v. Demby, 529 N.W.2d 340, 1995 WL 90195 (Mich. Ct. App. 1995).

Opinion

529 N.W.2d 340 (1995)

Ann Christine DeGRANDE and Ramsey County, petitioners, Respondents,
v.
Eric Rodney DEMBY, Jr., Appellant.

No. C0-94-1224.

Court of Appeals of Minnesota.

March 7, 1995.
Review Granted May 16, 1995.

*341 Susan Gaertner, Ramsey County Atty., Kathryn A. Santelmann, Asst. County Atty., St. Paul, for respondents.

James T. Hankes, Ramsey County Public Defender, Ellen Seesel, Asst. Public Defender, Joe Y. Yang, Certified Student Atty., St. Paul, for appellant.

Considered and decided by NORTON, P.J., SHORT and PETERSON, JJ.

OPINION

SHORT, Judge.

Eric Demby, Jr. appeals from an order denying his motion to vacate an adjudication of paternity.

FACTS

On August 25, 1989, Ann Christine DeGrande gave birth to a child out of wedlock. That same day, DeGrande and Demby signed a declaration of parentage affirming Demby as the father of their new baby. The declaration was filed with the registrar of vital statistics on September 22, 1989.

In February 1990, Demby was served with a complaint to determine paternity and a motion to require all parties to have blood tests, to produce certain financial information, and to attend a pretrial hearing. At the February 12 hearing, DeGrande, who was receiving public assistance, was represented by an attorney from the county attorney's office, and Demby represented himself. Demby admitted he was the father of the five-month-old child, and waived his right to counsel and to have blood tests conducted. DeGrande and Demby entered into a stipulation determining paternity, custody, and visitation. The trial court approved and adopted the stipulation in a judgment dated February 14, 1990.

In April 1990, Demby was ordered to pay $81.92 per month in child support and was granted $150 for pre-adjudication expenses. In May 1992, Demby's child support obligation was increased to $86.92 per month to reflect a cost-of-living adjustment. In August 1992, the trial court reviewed Demby's child support obligation and increased the payment to $156.68 per month because Demby's income had increased.

On January 15, 1993, a hearing was held to review Demby's financial status in connection with his child support obligation. At that hearing, Demby's counsel orally requested blood tests because

the mother [DeGrande] keeps telling Mr. Demby that he's not the father of the child, and although there is some doubt as to this, Mr. Demby has accepted the child as his and loves it and cares for it very much. The mother keeps using this as sort of a wedge between him and the child and it's causing a lot of problems and he's requesting of the Court that, for the sake of establishing once and for all the fact that he is the father of the child, he's requesting the Court that blood tests be administered to him and the mother and the child.

Demby did not argue that his request for blood tests related back to the 1990 paternity action, and the county had no objection to blood tests if Demby assumed financial responsibility for all costs. The trial court took the testing issue under advisement and established interim child support at $100 per month because Demby voluntarily quit his job. By order dated February 25, 1993, the trial court granted Demby's request for blood tests.

On April 30, 1993, a blood testing laboratory excluded Demby as the biological father of the child. In August 1993, Demby moved for vacation of the paternity adjudication and refund of all child support paid. A referee granted Demby's Rule 60.02(f) motion, and DeGrande and Ramsey County appealed. On May 6, 1994, a trial court concluded the three-year statute of limitations contained in the Parentage Act barred Demby's action to vacate the adjudication of paternity. The trial court, thus, reversed the referee's determination, denied Demby's motion, and reinstated the February 1990 paternity judgment.

ISSUE

Does Minn.R.Civ.P. 60.02(f) permit an adjudicated father to override the three-year *342 statute of limitations in Minn.Stat. § 257.57, subd. 2(2) (Supp.1993)?

ANALYSIS

A man is presumed to be the biological father of a child if he and the child's biological mother acknowledge his paternity in a fully executed and filed declaration of parentage. Minn.Stat. § 257.55, subd. 1(e) (Supp.1993). That statutory presumption can be rebutted "in an appropriate action only by clear and convincing evidence." Minn.Stat. § 257.55, subd. 2 (1992). It is undisputed Demby and the child's biological mother fully executed and properly filed a declaration of parentage in 1989. Demby argues statistical evidence based on blood test results constitutes "clear and convincing evidence" that he is not the biological father. The issue before us is whether the trial court erred by concluding Demby's claim, made four years after execution of the declaration, is barred by the three-year limitations period of Minn.Stat. § 257.57, subd. 2(2).

Minnesota's Parentage Act is substantially similar to the Uniform Parentage Act. Compare Unif. Parentage Act §§ 1-30, 9B U.L.A. 295-345 (1987) with Minnesota Parentage Act, Minn.Stat. §§ 257.51-.74 (1992 & Supp.1993). Unlike the Uniform Parentage Act, however, Minnesota's statutory scheme imposes a limitation on actions to challenge paternity based on a declaration. Minn.Stat. § 257.57, subd. 2(2) (Supp.1993) permits an action

for the purpose of declaring the nonexistence of the father and child relationship presumed under section 257.55, subdivision 1, paragraph (e) or (g) [declaration of parentage], only if the action is brought within three years after the date of the execution of the declaration * * *.

By the statute's explicit terms and under case law interpreting that language, a presumption of paternity based on a declaration becomes conclusive if not challenged within three years of the declaration. Minn.Stat. § 257.57, subd. 2(2); In re Welfare of C.M.G., 516 N.W.2d 555, 561 (Minn.App.1994); Wilson v. Speer, 499 N.W.2d 850, 854 n. 3 (Minn. App.1993), pet. for rev. granted (Minn. July 19, 1993), appeal withdrawn (Aug. 16, 1993); see Pierce v. Pierce, 374 N.W.2d 450, 452 (Minn.App.1985) (three-year statute of limitations is absolute in that it bars action even if the presumed father obtains knowledge of illegitimacy after the running of the statute), pet. for rev. denied (Minn. Nov. 4, 1985).

Demby argues the adjudication of paternity should be vacated under Minn. R.Civ.P. 60.02(f), notwithstanding the three-year statute of limitations. Rule 60.02(f) provides:

On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment (other than a divorce decree), order, or proceeding and may order a new trial or grant such other relief as may be just for * * * [a]ny other reason justifying relief from the operation of the judgment.

The Rules of Civil Procedure flow from the Supreme Court's inherent judicial authority to regulate pleadings, practice, and forms in civil actions. Minn.Stat. § 480.051 (1992). However, court rules cannot abridge, enlarge, or modify the substantive rights of a litigant. Id.; State v. Johnson, 514 N.W.2d 551, 553-54 (Minn.1994); see

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