In Re Paternity of Baby Doe

734 N.E.2d 281, 2000 WL 1225793
CourtIndiana Court of Appeals
DecidedAugust 30, 2000
Docket16A01-0001-JV-35
StatusPublished
Cited by26 cases

This text of 734 N.E.2d 281 (In Re Paternity of Baby Doe) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Paternity of Baby Doe, 734 N.E.2d 281, 2000 WL 1225793 (Ind. Ct. App. 2000).

Opinion

734 N.E.2d 281 (2000)

In re: The Matter of the PATERNITY OF BABY DOE,
Chad Michael Jones, Appellant,
v.
Mary Jane Maple, Appellee,
Jeffrey Gauck and Michelle Gauck, Intervening Appellees.

No. 16A01-0001-JV-35.

Court of Appeals of Indiana.

August 30, 2000.

*282 Merle B. Rose, Indianapolis, Indiana, Attorney for Appellant.

Timothy D. Day, Comer Day & Ertel, Osgood, Indiana, Attorney for Appellee.

John Q. Herrin, Wood Tuohy Gleason Mercer & Herrin, Indianapolis, Indiana, Attorney for Intervening Appellees.

OPINION

DARDEN, Judge

STATEMENT OF THE CASE

Chad Jones appeals the denial of his motion to set aside the trial court's grant of summary judgment in favor of Jeffrey *283 and Michelle Gauck, intervenors in Jones' paternity action.

We affirm.

ISSUE

Whether the trial court erred in denying Jones' motion.

FACTS

On July 20, 1998, Mary Jane Maple signed a "Consent of Biological Mother to Private Adoption," (R. 91), wherein she averred that she was seven months pregnant and had determined that Jeffrey and Michelle Gauck were the proper persons to adopt her unborn child. Maple also averred that the identity of the father of her unborn child was "unknown to [her]." (R. 91). On August 6, 1995, the Gaucks filed a "Verified Petition for Private Adoption of Unborn Child." (R. 78). Maple's daughter, A., was born on August 16, 1998, and was released from the hospital to the Gaucks. On August 31, 1998, Maple executed another consent to adoption in favor of the Gaucks wherein she again averred that the "identity and whereabouts of the biological father is not known." (R. 76). On October 15, 1998, a Department of Health Putative Father Registry Affidavit verified that no putative father was registered for a child born to "a mother named Mary Jane Maple." (R. 101).

On February 17, 1999, while the Gaucks' petition to adopt A. was still pending, Chad Jones filed a "Complaint to Establish Paternity" wherein he averred that he was the biological father of A. Also in the petition, Chad stated that he was aware of the pending adoption petition and did not want A. to be adopted. Jones also filed a "Putative Father Registry Form," which included his name as well as Maple's name. On March 26, 1999, the Gaucks filed a motion to intervene which the trial court granted. They subsequently filed a summary judgment motion wherein they argued that Jones' failure to register with the Putative Father Registry within the required time period constituted an irrevocable implied consent to the adoption. In support of their motion, the Gaucks designated the following materials: 1) their August 6, 1998, petition to adopt; 2) Maple's August 31, 1998, consent to the adoption; and 3) the October 15, 1998, Putative Father Registry affidavit which showed that Jones had not registered with the Registry as of that date.

The Gaucks also designated an affidavit from Maple wherein she averred that she was uncertain as to the identity of A.'s biological father because at the time of A.'s conception Maple "had engaged in sex with more than one male companion." (R. 95). Maple further averred that "there is no possibility that Chad Jones could claim that he was not aware that I was pregnant with a child and that he could potentially be the father." (R. 96). According to Maple, she and Jones shared common friends, and it was "not possible that he did not learn from one of these common friends that [Maple] was pregnant with [A.]." (R. 96). Maple further averred that prior to the adoption, one of Jones' friends took adoption documents sent to Maple by her attorney and gave them to Jones.

Jones designated no evidence to contradict the Gaucks' evidence. Neither he nor his attorney appeared at the summary judgment hearing. In June 1999, the trial court granted summary judgment in favor of the Gaucks based upon Jones' failure to "timely register with the Indiana Putative Father Registry as required by Indiana Code 31-19-1." (R. 57). Two months later, pursuant to Ind. Trial Rule 60(B), Jones filed a motion for relief from judgment wherein he alleged that the summary judgment order was entered "by mistake, surprise and excusable neglect," and that the judgment was "created by fraud and misrepresentation of the adverse party." (R. 55).

At a hearing on the motion, Jones testified that he did not know that Maple had been pregnant or given birth until February 1999 when his cousin told him about A. *284 According to Jones, Maple was his girlfriend "for a while," they broke up at the end of 1997, (R. 141), and Maple never told him that she was pregnant. According to Jones, he only saw Maple one time when she was pregnant, in March 1998, and she was sitting in a car.

Jones' attorney during the summary judgment proceedings, John Kellerman, testified that he had not designated any materials in opposition to the Gaucks' summary judgment materials because Jones failed to attend scheduled appointments to prepare a responsive affidavit. According to Kellerman, he told both Jones and his family the importance of counter affidavits wherein Jones and his family could allege that some of Maple's statements in her consents to the adoption were untrue. Kellerman also explained that he did not tell Jones the date of the summary judgment hearing because it was a "legal argument where there's no testimony... permitted." (R. 197). Kellerman did not explain his absence from the summary judgment hearing.

The trial court denied Jones' motion to set aside the judgment.

DECISION

The decision whether to set aside a judgment is given substantial deference on appeal. Butler v. Shipshewana Auction, Inc., 697 N.E.2d 1285, 1288 (Ind.Ct. App.1998). Our standard of review is limited to determining whether the trial court abused its discretion. Id. An abuse of discretion occurs where the trial court's judgment is clearly against the logic and effect of the facts and inferences supporting the judgment for relief. Id.

In reviewing the trial court's decision, we will not reweigh the evidence or substitute our judgment for that of the trial court. Id. Upon a motion for relief from judgment, the burden is on the movant to show sufficient grounds for relief under Ind. Trial Rule 60(B). Id. The movant must also show that he has a good and meritorious defense to the cause of action. Id. at 1289. A meritorious defense is one showing, if the case was retried on the merits, a different result would be reached. Id.

The dispositive issue in this case is whether Jones has a meritorious defense. Jones contends that he does. As the sole authority to support his contention, Jones directs us to 1) Walker v. Campbell, 711 N.E.2d 42 (Ind.Ct.App.1999), which has been vacated by our supreme court,[1] and 2) the dissent in Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 77 L.Ed.2d 614 (1983).

The Gaucks respond that because "Jones did not register with the Putative Father Registry in a timely ma[nn]er, he has no meritorious defense and, therefore, is not entitled to contest the adoption." The Gaucks' Brief, p. 4. We agree with the Gaucks.

The Putative Father Registry is administered by the State Department of Health.

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Bluebook (online)
734 N.E.2d 281, 2000 WL 1225793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paternity-of-baby-doe-indctapp-2000.