JC v. Adoption of Minor Child

797 So. 2d 209, 2001 WL 204046
CourtMississippi Supreme Court
DecidedMarch 1, 2001
Docket1999-CA-01801-SCT
StatusPublished
Cited by10 cases

This text of 797 So. 2d 209 (JC v. Adoption of Minor Child) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
JC v. Adoption of Minor Child, 797 So. 2d 209, 2001 WL 204046 (Mich. 2001).

Opinion

797 So.2d 209 (2001)

J.C., S.C., Individually, and as Next Friend of K.C., a Minor
v.
In the Matter of the ADOPTION OF the MINOR CHILD NAMED HEREIN: R.Y. and L.Y.

No. 1999-CA-01801-SCT.

Supreme Court of Mississippi.

March 1, 2001.

*210 Jerry P. `Jay' Hughes, Jr., Oxford, for Appellants.

James E. Welch, Jr., Oxford, for Appellees.

EN BANC.

WALLER, Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. Appellants J.C. and S.C. (the Carrolls) adopted the minor child K.C. (Katherine). Later, Appellees R.Y. and L.Y. (the Youngs) adopted Katherine.[1] The *211 Chancery Court of Marshall County, Mississippi, denied the Carrolls' claim that the second adoption should be voided on the ground that they had not consented thereto. The Carrolls then attempted to have the second adoption voided on the ground that the chancellor failed to appoint a guardian ad litem to represent Katherine. The chancellor ruled that, in view of the express language of Miss.Code Ann. § 93-17-8 (1994), the failure to appoint a guardian ad litem was not fatal to the adoption decree. The chancellor also held that the Carrolls' guardian ad litem claim was barred by the doctrine of res judicata. This appeal arises from the dismissal of the Carrolls' guardian ad litem claim. We find no reversible error and affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 2. The Carrolls were granted custody of Katherine by the natural parents and then were granted a final adoption decree. This adoption is not at issue in the present appeal. The Carrolls allege that, once they brought Katherine into their home, her asthma was exacerbated by the environmental conditions there. They therefore agreed to allow Katherine to stay with the Youngs until they made changes at home to accommodate her condition.

¶ 3. The Youngs filed a petition seeking full custody of and parental rights over Katherine.[2] The chancery court granted full custody of the child to the Youngs and visitation rights to the Carrolls. No appeal was prosecuted from this decree.

¶ 4. Later, the Youngs asked the court to either terminate or restrict the Carrolls' visitation rights. The Carrolls responded by filing a motion for contempt and asking the court to set aside the adoption on the basis that their consent to the adoption was legally insufficient. They argued that, to their surprise and due to the Youngs' misrepresentations, the temporary custody agreement turned out to be a consent to an adoption proceeding. The Carrolls state in their briefs to this Court that they were encouraged to sign a blank notary block which apparently was attached to a consent and waiver of process form. On February 9, 1998, after a hearing, the chancery court upheld the adoption and terminated all of the Carrolls' visitation rights. No appeal from this decree was prosecuted.

¶ 5. Sixteen months later, the Carrolls, individually, and on the behalf of Katherine, filed a petition to declare the adoption void on the basis that the chancellor failed to appoint a guardian ad litem. On October 22, 1999, the chancellor rendered a final judgment, concluding that, pursuant to Miss.Code Ann. § 93-17-8 (1994), this being an uncontested adoption, there was no requirement for the court to appoint a guardian ad litem. The chancellor further found that the doctrine of res judicata operated to bar the Carrolls from once again attacking the adoption's validity. Feeling aggrieved, the Carrolls appeal to this Court, assigning essentially two points of error for review.[3]

STANDARD OF REVIEW

¶ 6. Both issues present questions of law. For questions of law, this Court's standard of review is de novo. Harrison *212 County v. City of Gulfport, 557 So.2d 780, 784 (Miss.1990).

DISCUSSION

I. WHETHER THE CHANCELLOR COMMITTED REVERSIBLE ERROR IN FINDING THE DOCTRINE OF RES JUDICATA TO HAVE PRECLUDED RELITIGATION OF THE SUBJECT ADOPTION.

¶ 7. Generally, four identities must be present before the doctrine of res judicata will be applicable: (1) identity of the subject matter of the action, (2) identity of the cause of action, (3) identity of the parties to the cause of action, and (4) identity of the quality or character of a person against whom the claim is made. Mississippi Employment Sec. Comm'n v. Georgia-Pacific Corp., 394 So.2d 299, 301 (Miss.1981); Cowan v. Gulf City Fisheries, Inc., 381 So.2d 158, 162 (Miss.1980); Standard Oil Co. v. Howell, 360 So.2d 1200, 1202 (Miss.1978). If these four identities are present, the parties are prevented from relitigating all issues tried in the prior lawsuit, as well as all matters which should have been litigated and decided in the prior suit. Pray v. Hewitt, 254 Miss. 20, 24-25, 179 So.2d 842, 844 (1965). In other words, "the doctrine of res judicata bars litigation in a second lawsuit on the same cause of action `of all grounds for, or defenses to, recovery that were available to the parties [in the first action], regardless of whether they were asserted or determined in the prior proceeding.'" Key v. Wise, 629 F.2d 1049, 1063 (5th Cir.1980) (quoting Brown v. Felsen, 442 U.S. 127, 131, 99 S.Ct. 2205, 2209, 60 L.Ed.2d 767 (1979)). Res judicata applies in this case because both the insufficient consent action and the guardian ad litem action concerned claims attacking the adoption's validity. The Carrolls could have and should have raised the guardian ad litem claim when they first raised the insufficient consent claim.

¶ 8. The Carrolls seek to avoid the preclusive effect of res judicata by arguing that it is now the minor, Katherine, who is challenging the adoption. However, the Carrolls never appealed the adoption decree or the order denying their insufficient consent claim. Because the adoption decree terminated their parental rights, the Carrolls have no standing to assert a collateral attack of the adoption. As such, the action leading to the February 9, 1998, decree and the action leading to the October 22, 1999, judgment concerned the same parties. Accordingly, the action which led to the latter judgment was barred by the earlier decree. There was no error in the chancellor's finding res judicata applicable.

II. WHETHER THE CHANCELLOR ERRED IN FAILING TO APPOINT A GUARDIAN AD LITEM TO REPRESENT THE CHILD SO AS TO RENDER THE SUBJECT ADOPTION VOID.

¶ 9. Had the doctrine of res judicata been inapplicable in this case, the Carrolls' substantive argument nevertheless fails to prove reversible error.

¶ 10. The Carrolls argue that the chancellor's failure to appoint a guardian ad litem to protect the interest of the child in the subject adoption—which necessarily resulted in a termination of their parental rights—renders the adoption void. They support this assertion by citing Miss.Code Ann. § 93-15-107(1) (Supp.2000), which requires a guardian ad litem to be appointed in an action to terminate parental rights. That statute states:

(1) In action to terminate parental rights, the mother of the child, the *213

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Cite This Page — Counsel Stack

Bluebook (online)
797 So. 2d 209, 2001 WL 204046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jc-v-adoption-of-minor-child-miss-2001.