GUILFORD COUNTY EX REL. HOLT v. Puckett

664 S.E.2d 362, 191 N.C. App. 693, 2008 N.C. App. LEXIS 1471
CourtCourt of Appeals of North Carolina
DecidedAugust 5, 2008
DocketCOA07-761
StatusPublished
Cited by1 cases

This text of 664 S.E.2d 362 (GUILFORD COUNTY EX REL. HOLT v. Puckett) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
GUILFORD COUNTY EX REL. HOLT v. Puckett, 664 S.E.2d 362, 191 N.C. App. 693, 2008 N.C. App. LEXIS 1471 (N.C. Ct. App. 2008).

Opinions

JACKSON, Judge.

The Guilford County Child Support Enforcement Agency (“plaintiff’) appeals — purportedly on behalf of Stella M. Holt (“Holt”) — an order granting defendant’s motion for attorney’s fees. After careful review, we reverse and remand this matter to the trial court.

On 17 November 2005, plaintiff filed a complaint seeking to establish paternity, pursuant to North Carolina General Statutes, section 49-14 (2008), and current support, pursuant to North Carolina General Statutes, section 50-13.4 (2008), as well as to recover past paid public assistance from defendant for a juvenile whom Holt claimed was fathered by defendant. [R p. 34-36] On 29 August 2006, defendant filed a response denying paternity and counterclaiming for attorney’s fees pursuant to North Carolina General Statutes, section 50-13.6 (2008), and by separate motion requested a paternity test be performed. The paternity test excluded defendant as the father, and the case was dismissed voluntarily by plaintiff on 28 November 2006. On 27 March 2007, the district court granted defendant’s motion for attorney’s fees, ordering Holt to pay $750.00 of defendant’s more than $2,000.00 in accumulated attorney’s fees. Plaintiff appeals.

In plaintiff’s only argument on appeal, it contends that the trial court abused its discretion by ordering Holt to pay a portion of defendant’s attorney’s fees. We agree.

We note that the order by the district court purportedly awards attorney’s fees to defendant pursuant to North Carolina General Statutes, section 50-13.6. That statute reads: “In an action or proceeding for the custody or support, or both, of a minor child, . . . the court may in its discretion order payment of reasonable attorney’s fees to an interested party acting in good faith who has insufficient means to defray the expense of the suit.” This Court has stated explicitly that “]t]his statute does not apply to civil actions to establish paternity under G.S. 49-14. We can perceive no reasonable construction of G.S. 50-13.6 that would extend its coverage that far.” Smith v. Price, 74 N.C. App. 413, 423, 328 S.E.2d 811, 818 (1985), rev’d on other grounds by 315 N.C. 523, 340 S.E.2d 408 (1986).

[695]*695However, this Court also has stated explicitly that costs involved in prosecuting a paternity action may be awarded under North Carolina General Statutes, section 6-21(10), which states: “Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: . . . [i]n proceedings regarding illegitimate children under Article 3, Chapter 49 of the General Statutes.” See Napowsa v. Langston, 95 N.C. App. 14, 26, 381 S.E.2d 882, 889 (1989) (“attorney’s fees incurred in prosecuting paternity actions may not be awarded under Section 50-13.6, but may only be assessed as costs under Section 6-21(10).”). Award of attorney’s fees as costs under section 6-21(10) is discretionary. N.C. Gen. Stat. § 6-21.

Plaintiff argues that assessing attorney’s fees to Holt in the instant case is inequitable. Although we have been unable to find any precedent in this jurisdiction — or any other — addressing the peculiar fact situation presented in the instant case, we hold that the laws governing child support enforcement in this state, along with general principles of equity, do not support the assessment of attorney’s fees against Holt. North Carolina General Statutes, section 110-128 (2008), states the purposes of Article 9 of the North Carolina General Statutes:

The purposes of this Article are to provide for the financial support of dependent children; to enforce spousal support when a child support order is being enforced; to provide that public assistance paid to dependent children is a supplement to the support required to be provided by the responsible parent; to provide that the payment of public assistance creates a debt to the State; to provide that the acceptance of public assistance operates as an assignment of the right to child support; to provide for the location of absent parents; to provide for a determination that a responsible parent is able to support his children; and to provide for enforcement of the responsible parent’s obligation to furnish support and to provide for the establishment and administration of a program of child support enforcement in North Carolina.

Because Holt was receiving child support benefits from plaintiff, plaintiff had both “the authority and the duty to pursue an action against the responsible parent for the maintenance of the child and recovery of amounts paid by the county for support of the child.” Settle v. Beasley, 309 N.C. 616, 618, 308 S.E.2d 288, 289 (1983). Plaintiff filed the instant suit, and, notwithstanding the fact that the [696]*696suit purportedly was filed “on behalf of’ Holt, plaintiff was the real party in interest, not Holt. The suit was filed for the economic benefit of plaintiff, not of Holt. Id,, at 618-19, 308 S.E.2d at 289. Upon the filing of this action by plaintiff, Holt was required to assist plaintiff in the prosecution of the action, or face the termination of her child support benefits, and possible charges of contempt of court resulting in fines and jail time.1 N.C. Gen. Stat. § 110-131 (2008); see also Beasley, 309 N.C. at 618, 308 S.E.2d at 289.

The dissent points out that Holt “is a named plaintiff in every document in the record on appeal.” “[T]he courts will look beyond the nominal party whose name appears of record arid consider the legal questions raised as they may affect the real party in interest.” Id. at 618, 308 S.E.2d at 289. Furthermore, we do not, as the dissent suggests, indicate that only a real party in interest is subject to orders of the trial court. What we do hold, as is further addressed below, is that in this instance and on these facts, to hold Holt responsible for attorney’s fees for an action she did not initiate, and in which she was required to participate, would be inequitable.

Plaintiff’s claims against defendant constituted subrogation, pursuant to which plaintiff stepped into the shoes of Holt, and obtained all her rights and obligations in the action filed against defendant. In re A Declaratory Ruling by the N. C. Comm’r of Ins. Regarding 11 N.C.A.C. 12.0319, 134 N.C. App. 22, 24, 517 S.E.2d 134, 137 (.1999); Trustees of Garden of Prayer Baptist Church v. Geraldco Builders, Inc., 78 N.C. App. 108, 114, 336 S.E.2d 694, 697-98 (1985); see also In re Parentage of I.A.D., 126 P.3d 79 (Wash. Ct. App. 2006).

“The doctrine [of subrogation] is one of equity and benevolence, and, like contribution and other similar equitable rights, was adopted from the civil law, and its basis is the doing of complete, essential and perfect justice between all the parties without regard to form, and its object is the prevention of injustice.” Jeffreys v. Hocutt, 195 N.C.

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GUILFORD COUNTY EX REL. HOLT v. Puckett
664 S.E.2d 362 (Court of Appeals of North Carolina, 2008)

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Bluebook (online)
664 S.E.2d 362, 191 N.C. App. 693, 2008 N.C. App. LEXIS 1471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guilford-county-ex-rel-holt-v-puckett-ncctapp-2008.