State Ex Rel. Casas v. Fellmer

521 N.W.2d 738, 1994 Iowa Sup. LEXIS 197, 1994 WL 515773
CourtSupreme Court of Iowa
DecidedSeptember 21, 1994
Docket93-1021
StatusPublished
Cited by21 cases

This text of 521 N.W.2d 738 (State Ex Rel. Casas v. Fellmer) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Casas v. Fellmer, 521 N.W.2d 738, 1994 Iowa Sup. LEXIS 197, 1994 WL 515773 (iowa 1994).

Opinion

SNELL, Justice.

I.Introduction

Charles Fellmer (Fellmer) appeals from the Black Hawk County District Court’s order establishing his paternity of Lisa Casas (Lisa), and ordering his payment of accrued and current child support. In 1977 the same court approved a settlement of a paternity action brought by Lisa’s mother, Sandra Ca-sas (Casas). In approving the compromise, the district court expressly found that Fellmer was not Lisa’s father. On appeal, Fellmer claims the present cause of action of the State, which represents Lisa in this matter, is barred by the doctrine of issue preclusion. We reverse.

II. Standard of Review

Our standard of review in this equity action is de novo. Iowa R.App.P. 4. We give weight to the trial court’s factual findings, but are not bound by them. Israel v. Farmers Mut. Ins. Ass’n, 339 N.W.2d 143, 146 (Iowa 1983). Of course, we also review cases on appeal for legal error. Iowa RApp.P. 4.

III. Facts

On November 19, 1975, Casas filed a paternity action against Fellmer. Casas was pregnant with Lisa at the time. Fellmer denied paternity. In June 1977 Casas and Fellmer reached a compromise regarding the paternity dispute. The district court issued an order approving the compromise on June 14, 1977. As part of that order, the court expressly found that “upon the facts set forth in said Compromise that Charles F. Fellmer is not the father of said Lisa Casas.” Casas dismissed her complaint against Fellmer with prejudice.

On January 3,1992, the State sought again to establish Fellmer’s paternity of Lisa in order to compel the payment of accrued and current child support. Fellmer brought a motion to dismiss the action on the ground that the 1977 Order Approving Compromise precluded the State’s action. The district court denied Fellmer’s motion. A blood test now shows the probability of Fellmer’s paternity of Lisa to be 99.47%. Based on this blood test, the district court found Fellmer to be Lisa’s father. The court ordered Fellmer to pay accrued and current child support for Lisa.

IV. Discussion of Law — General Principles

The doctrine of issue preclusion, or collateral estoppel, serves a dual purpose. Harris v. Jones, 471 N.W.2d 818, 819 (Iowa 1991). First, the doctrine protects litigants from the vexation of relitigating identical issues with identical parties or those persons *741 with a sufficient connective interest to the prior litigation. Id. Second, it promotes the interest of judicial economy by preventing unnecessary litigation. Id.; see also Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326, 99 S.Ct. 645, 649, 58 L.Ed.2d 552, 559 (1979).

For issue preclusion to apply four prerequisites must exist: (1) the issue must be identical to the one previously decided; (2) the issue must have been raised and litigated in the previous action; (3) the issue must have been material and relevant to the disposition of the previous action; and (4) the previous determination made on the issue must have been necessary and essential to the resulting judgment. Hunter v. City of Des Moines, 300 N.W.2d 121, 123 (Iowa 1981).

Formerly, the doctrine of issue preclusion was available only to parties bound by the prior judgment. Harris, 471 N.W.2d at 820. In Hunter we abandoned that requirement. Hunter, 300 N.W.2d at 125. Under our current standard, to invoke issue preclusion a defendant need only show the plaintiff “was so connected in interest with one of the parties in the former action as to have had a full and fair opportunity to litigate the ... issue and be properly bound by its resolution.” Id. at 123.

V. Whether the Issue of Paternity was Raised and Litigated in the First Action

The district court held that Fellmer failed to meet the second prong of our Hunter test (issue not raised and litigated). Fellmer first notes the issue of paternity was raised by Casas’ 1975 petition. Fellmer further contends the issue was “litigated” by virtue of his compromise with Casas and the subsequent approval of that compromise by the court. The State contends that in order for an issue to be “litigated” it must be put to proof at trial.

The State relies on our decision in Jordan v. Stewart Creamery, Inc., 258 Iowa 1, 11, 137 N.W.2d 259, 265 (1965), to support its position. In that case, we stated “[f]or collateral estoppel [issue preclusion] to apply, the particular matter must have been considered and passed upon. It, therefore, cannot apply unless there is an actual trial.” Id. However, since our decision in Jordan, we have modified this standard. In In re Evans, 267 N.W.2d 48, 51 (Iowa 1978), we dealt with the question of whether a county could litigate the issue of paternity when the issue was earlier determined in a child support modification proceeding. In Evans, the district court had modified the original dissolution decree that obligated the husband to pay child support. The modification order based on a stipulation of the parties, stated that the child was not the husband’s and ordered that he “shall not be obligated to pay child support.” Id. at 50. Later, the County Board of Welfare attempted to collect child support through garnishment proceedings. In those proceedings the district court vacated the prior modification order. On appeal, we reversed the district court’s vacation of the modification decree and paternity determination on the ground of issue preclusion. Id. at 51. We held the county had a full and fair opportunity to litigate the issue of paternity in the modification proceeding. Id.

In Mulkins v. Board of Supervisors, 374 N.W.2d 410, 415 (Iowa 1985), we held that “issue preclusion prohibits parties from relit-igating issues in a subsequent action that were conclusively determined in a prior action in which a judgment was entered.” In Buckingham v. Federal Land Bank Association, 398 N.W.2d 873, 876 (Iowa 1987), we held that issue preclusion is applicable when parties dismiss their cases with prejudice.

Thus, the existence of a full-blown trial is not prerequisite to applying the doctrine of issue preclusion. It is enough that the issue be conclusively determined in a prior action in which judgment is entered. Mulkins, 374 N.W.2d at 415. The case at bar is nearly identical to the facts in Evans. See Evans, 267 N.W.2d at 48-51.

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Bluebook (online)
521 N.W.2d 738, 1994 Iowa Sup. LEXIS 197, 1994 WL 515773, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-casas-v-fellmer-iowa-1994.