Seeger v. Lanham

542 S.W.3d 286
CourtMissouri Court of Appeals
DecidedMarch 22, 2018
Docket2016-SC-000677-DG; 2017-SC-000146-DG
StatusPublished
Cited by44 cases

This text of 542 S.W.3d 286 (Seeger v. Lanham) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seeger v. Lanham, 542 S.W.3d 286 (Mo. Ct. App. 2018).

Opinions

OPINION OF THE COURT BY JUSTICE KELLER

Both parties appeal separate holdings of the Court of Appeals. This action originated as a paternity action pursuant to Kentucky Revised Statute (KRS) 406.021 in the Nelson District Court. The issues before the Court have been consolidated into one action. We now address each issue in turn and affirm in part and reverse in part the holding of the Court of Appeals.

I. BACKGROUND

Harry Seeger ("Seeger") and Sharon Lanham ("Lanham"), while each married to other partners, engaged in a relationship leading to the birth of a child on June 13, 2007. On December 30, 2009, Lanham filed a paternity action. In January 2011, during the pendency of the action to resolve child support and other issues, Seeger retired and began receiving Social Security Retirement Income of $1,969,00 per month. As a result, Seeger and Lanham's child also began receiving monthly dependent benefits in the amount of $1,204.00 in November 2011. In May 2012, the Nelson District Court, Paternity Division, entered its final findings of fact, conclusions of law, and judgment. Relevant to this appeal are three conclusions and judgments: (1) the court had jurisdiction to hear the case pursuant to KRS 406.0211 ; (2) the child's Social Security benefit payments above the current child support order would be credited to the pre-petition liabilities Seeger was ordered to pay ($795.00 of the $1,204.00 monthly payment was considered "excess" as current support was ordered for $409.00 per month); and, (3) in a separate opinion and order entered August 23, 2011, that there was no statutory avenue for attorneys' fees as Lanham had requested.

Lanham first appealed several issues to the Nelson Circuit Court. As to the issues presented in this appeal, the Nelson Circuit Court found that it was error for the district court to credit the social security benefits to the pre-petition liabilities owed by Seeger but that it had not erred in holding attorneys' fees were inappropriate in this case.2 Both parties then appealed to the Court of Appeals. The Court of Appeals held that the trial court may, in its discretion, apply excess social security retirement dependent benefits to pre-petition liabilities. The Court of Appeals also *290held that Lanham's argument for attorneys' fees was sound, and remanded to the district court to assess whether, under KRS 403.220, Lanham was entitled to attorneys' fees.

Both parties have moved this Court for discretionary review on separate issues. We have granted discretionary review in both cases and now address each issue presented to this Court.

II. ANALYSIS

A. A paternity action can be brought by a private attorney.

Seeger first argues that the district court lacked the jurisdictional authority to even hear this paternity case pursuant to KRS 406.021. As this question would be dispositive were we to rule in Seeger's favor, we will address it first. To address this issue, we must analyze questions of law, including statutory interpretation. We conduct such analysis de novo, with no deference to the analysis of the lower courts. Commonwealth v. Love, 334 S.W.3d 92, 93 (Ky. 2011) (citing Commonwealth v. McBride, 281 S.W.3d 799, 803 (Ky. 2009) ).

There are three separate types of jurisdiction: personal jurisdiction, subject-matter jurisdiction, and jurisdiction over a particular or specific case before the court. See Nordike v. Nordike, 231 S.W.3d 733, 737-38 (Ky. 2007) (citing Milby v. Wright, 952 S.W.2d 202, 205 (Ky. 1997) and Covington Trust Co. of Covington v. Owens, 278 Ky. 695, 129 S.W.2d 186, 190 (1939) ). "[J]urisdiction over the particular case at issue ... refers to the authority and power of the court to decide a specific case, rather than the class of cases over which the court has subject-matter jurisdiction." Nordike, 231 S.W.3d at 738 (quoting Milby, 952 S.W.2d at 205 ) (emphasis original). This jurisdictional requirement can often turn on the failure of a party to meet certain statutory requirements in bringing a suit. See Nordike, 231 S.W.3d at 738. As such, it is this brand of jurisdiction which Seeger claims that the district court lacked in hearing this case.

KRS 406.021(1) states that paternity actions "shall be brought by the county attorney or by the Cabinet for Health and Family Services or its designee upon the request of complainant ..." Seeger argues that the word "shall" in the statute is dispositive of the jurisdictional issue. Because Lanham chose to hire a private attorney to initiate this paternity action, he argues that there is no statutory authority allowing a private attorney to bring a paternity action under this chapter. His reading of the statute requires that all paternity actions be brought by the Cabinet or County Attorney.

We agree with the generally mandatory meaning of the word "shall" in statutory interpretation. See Alexander v. S & M Motors, Inc., 28 S.W.3d 303, 305 (Ky. 2000) (citing KRS 446.010(2) ). However, the rest of the sentence in KRS 406.021(1) must be acknowledged: the action "shall be brought by the county attorney or by the Cabinet ... upon the request of complainant ..." (emphasis added). The term "shall" is mandatory here, but mandatory as to what the County Attorney or Cabinet must do when requested.

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Cite This Page — Counsel Stack

Bluebook (online)
542 S.W.3d 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seeger-v-lanham-moctapp-2018.