State ex rel. G.J. v. W.J.

622 So. 2d 353, 1992 Ala. Civ. App. LEXIS 298, 1992 WL 142104
CourtCourt of Civil Appeals of Alabama
DecidedJune 26, 1992
Docket2910065
StatusPublished
Cited by9 cases

This text of 622 So. 2d 353 (State ex rel. G.J. v. W.J.) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. G.J. v. W.J., 622 So. 2d 353, 1992 Ala. Civ. App. LEXIS 298, 1992 WL 142104 (Ala. Ct. App. 1992).

Opinions

THIGPEN, Judge.

This case involves paternity proceedings.

The record reveals that in July 1981, the Juvenile Court of Russell County entered an order declaring W.J. to be the father of a minor child born to G.J., based on W.J.’s admission of paternity in open court. W.J. was ordered to pay $20 per week for support and maintenance for the child, and in 1989, that amount was increased to $40 per week. W.J. did not appeal the order of paternity nor either of the subsequent child support orders.

The record further reveals that in March 1990, W.J. initiated an action seeking relief from the 1981 paternity adjudication by alleging that the results from privately-conducted blood tests proved he could not possibly be the father of the child. An order was entered setting aside the 1981 order of paternity and the support obligation, and stating that a DNA Probe Analysis provided clear and convincing evidence that W.J. was not the father of the child. The State of Alabama, on behalf of G.J., filed a motion to alter, amend, or vacate that.order. Following the denial of that motion, an appeal was taken to the Russell County Circuit Court for a trial de novo.

The State filed a motion for summary judgment alleging, inter alia, that W.J.'s action was untimely under Rule 60(b), Alabama Rules of Civil Procedure, that the issue of paternity was res judicata, and that a motion filed pursuant to Rule 60(b), A.R.Civ.P. cannot be used as a substitute for an appeal. In denying the State’s motion, the trial court’s order stated that “this case is closely akin to the situation in Ex Parte State ex rel. McKinney, 567 So.2d 366 (Ala.Civ.App.1990).” See also Ex parte State ex rel. McKinney, 575 So.2d 1024 (Ala.1990). The order also suggested that W.J. could amend his petition to include a Rule 60(b) motion. W.J.’s amended petition alleged, inter alia, that it was scientifically impossible for W.J. to be the father of the child, and requested relief from the paternity order due to “newly discovered evidence” and “the fraud and misrepresentations” of the mother.

The State responded in opposition to that amended petition and filed a motion to suppress the blood tests, arguing that the test results presented to the court were not HLA blood tests as alleged by W.J., but were the results of a DNA Probe Analysis. The State challenged the accuracy of the procedure and the test results and again asserted the doctrine of res judicata.

W.J.’s request for the trial court to order the parties and the child to submit to HLA blood testing was granted, but his motion to appoint a guardian ad litem for the child was denied. The State’s motion to suppress WJ.’s DNA results was granted. After the results of the court-ordered blood tests were returned, the State filed a motion to suppress the results, and W.J. filed a motion for summary judgment. Following a hearing, the trial court denied both motions. The results of the court-ordered blood tests excluded W.J. as the biological father of the child.

The trial court empaneled a jury, and after an ore tenus proceeding, the jury returned a finding that W.J. was not the father of the child. The trial court entered a judgment accordingly, and the State appeals.

The State argues that the doctrines of res judicata and estoppel should have been applied to prevent re-litigation of the issue of paternity, since the 1981 order established that W.J. is the legal father of the child. The evidence is undisputed that W.J. freely acknowledged being the father of the child prior to the entry of the 1981 order and thus chose to accept the responsibility of being the child’s legal father.

[355]*355The State also argues that the trial court abused its discretion in granting W.J.’s motion for relief pursuant to Rule 60(b), A.R.Civ.P. The State contends that this case presents no grounds for relief under any of the reasons specified in the rule. Specifically, the State argues that the blood tests, which were recently obtained, were waived by W.J. in 1981 when he freely and voluntarily chose to acknowledge paternity of the child and these test results cannot now be considered as “newly discovered evidence.” The State argues that the rule cannot be utilized to relieve one from the consequences of a deliberate choice, nor to substitute for one’s failure to appeal a previous judgment. The State also argues that there are no extraordinary circumstances presented in this case to allow the case to fall into the safety net provided by the catchall “any other reason justifying relief” language of the rule.

W.J.’s own testimony reveals that W.J. willfully acknowledged paternity and has accepted legal responsibility for this child since the child’s birth in 1978, in spite of having doubts whether he was the child’s biological father. W.J. testified that at the time the child was conceived and born, W.J. was about 22 years old, he was attending college, and he offered to pay for the mother to have an abortion. He testified that although he had doubts, he chose to tell the judge that he was the child’s father because he did not want to have a trial. W.J. further testified that he has been consistent in paying the court-ordered child support payments, and that he has often provided other necessities, gifts, and extras, including clothes and toys, for the child, for over a decade. W.J. also testified “I was buying everything until I went and had a blood test.” W.J. testified that he would see the child “every now and then” and that the child knew W.J. was his father. There was other evidence introduced showing that on occasions, W.J. and the child had visited with W.J.’s mother. W.J. testified that he had recently been saved and that because God had told him he was not the father of the child, he had the blood tests performed and began legal action to challenge the issue of paternity for the first time.

The record is clear that W.J. knew he could have challenged the issue of paternity in 1981, yet he chose to admit paternity and has paid the court-ordered child support since that time, in addition to voluntarily providing other things for the child. W.J. testified that nothing prevented him from obtaining legal advice and challenging paternity in 1981. He chose not to appeal the 1981 paternity adjudication, nor did he question paternity in the 1989 support modification action, nor did he appeal the 1989 order, which increased his child support obligation.

The record evidence discloses that a few months after the increase in child support was ordered, W.J. decided to challenge the paternity for the first time, and he secretly obtained blood tests. Record testimony indicates that W.J. deceived both the mother and the child by telling them that he was taking the child shopping for a game which the child desired, but instead took the child to a doctor for blood testing, without the knowledge or consent of the mother. After obtaining the results of the blood tests, W.J. legally challenged the paternity for the first time since the child’s birth.

The remedy available pursuant to Rule 60(b), A.R.Civ.P., “is an extreme remedy to be used only under extraordinary circumstances.” Ex parte State ex rel. Morris, 571 So.2d 1146, 1148 (Ala.Civ.App.1990). Absent an abuse of discretion, the decision of the trial court whether to grant or deny relief pursuant to Rule 60(b), A.R.Civ.P. will not be reversed. Morris, supra. One of the grounds must be alleged and proved and the trial court must balance the need to remedy the injustice against the need for the finality of judgments. Morris, supra.

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Cite This Page — Counsel Stack

Bluebook (online)
622 So. 2d 353, 1992 Ala. Civ. App. LEXIS 298, 1992 WL 142104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-gj-v-wj-alacivapp-1992.