State v. Guichard

655 So. 2d 1371, 1995 WL 272022
CourtLouisiana Court of Appeal
DecidedMay 5, 1995
Docket94 CA 1795
StatusPublished
Cited by13 cases

This text of 655 So. 2d 1371 (State v. Guichard) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Guichard, 655 So. 2d 1371, 1995 WL 272022 (La. Ct. App. 1995).

Opinion

655 So.2d 1371 (1995)

STATE of Louisiana, Through DEPARTMENT OF SOCIAL SERVICES SUPPORT ENFORCEMENT SERVICES in the Interest of Laurie BORDELON and Sarah E. Bordelon
v.
Donald Joseph GUICHARD.

No. 94 CA 1795.

Court of Appeal of Louisiana, First Circuit.

May 5, 1995.

*1373 Willie E. Broome, Amite, for plaintiff/appellee Support Enforcement Services.

S. Guy deLaup, Metairie, for defendant/appellant Donald Joseph Guichard.

*1374 Before LOTTINGER, C.J., and SHORTESS and CARTER, JJ.

CARTER, Judge.

This is an appeal from a trial court judgment in an action filed by the State to establish paternity and support obligation.

FACTS

On July 10, 1991, the State of Louisiana, through the Department of Social Services, Support Enforcement Services (the Department), filed a petition to establish paternity and support obligation against Donald Joseph Guichard, Sr. The petition alleged that the minor child, Sarah E. Bordelon, was conceived and born of the sexual relationship between Guichard and Laurie Bordelon. The petition also alleged that Laurie Bordelon was receiving AFDC (aid to families with dependent children) benefits on behalf of Sarah E. Bordelon and that the Department was, therefore, entitled to bring the action pursuant to LSA-R.S. 46:236.1. The petition requested child support and medical coverage for Sarah E. Bordelon.

On January 21, 1992, Guichard filed an answer to the petition and requested that blood tests be conducted to prove the issue of paternity. On February 13, 1992, the Department and Guichard filed a joint motion and order for paternity blood testing. The tests were performed on February 25, 1992. On April 3, 1992, in accordance with LSA-R.S. 9:397.3,[1] the Department filed a "Notice of Filing" of the February 25, 1992, blood test results, a certificate of analysis, a paternity summary, and an affidavit and chain of custody. The probability of paternity was listed as 99.60%.

On May 21, 1992, Guichard filed a "Rule to Show Cause for DNA Re-Testing." The court subsequently ordered that the tests be re-conducted on July 1, 1992. On October 2, 1992, the Department filed a "Notice of Filing" with affidavit and chain of custody of the July 1, 1992, blood test results, as well as paternity test results. The probability of paternity was listed as 99.75%.

At a June 18, 1993, hearing, Guichard raised the peremptory exception pleading the objection of failure to join an indispensable party. Guichard contended that Robert Michael Bordelon, Sarah E. Bordelon's legal father, was an indispensable party because he was married to Laurie Bordelon at the time of Sarah's conception and birth. The trial court subsequently overruled Guichard's exception, finding that Robert Bordelon was not an indispensable party to the action.[2]

On June 16, 1993, Guichard filed a third party demand against his son, Donald Joseph Guichard, Jr., requesting that he submit to blood tests. However, the record indicates that the third party defendant was not served with process.

On February 11, 1994, trial on the merits was held. On April 12, 1994, the trial court rendered judgment against Guichard, declaring him to be the biological father of Sarah *1375 E. Bordelon. Guichard was ordered to reimburse the Department for costs of the blood tests administered on February 25, 1992, and was cast with all costs of the proceedings. The judgment was signed on April 18, 1994.[3]

On May 2, 1994, Guichard filed a motion for new trial, which was denied by the trial court on May 10, 1994. Guichard appealed from the adverse judgment, assigning the following specifications of error:

1. The trial court erred in denying defendant's request for paternity blood testing of the legal father of the minor child, Robert Michael Bordelon, and defendant's son, Donald Joseph Guichard, Jr.
2. The trial court erred in failing to grant the motion to dismiss made in favor of defendant after the State had rested its case in chief.
3. The trial court erred in refusing to admit the deposition of the minor child, Sarah E. Bordelon.
4. The trial court erred in admitting the D.N.A. test results of AUG, Inc. (February 25, 1992, tests)
5. The trial court erred in admitting the D.N.A. test results of GEN Test Laboratories, Inc. (July 1, 1992, tests)
6. The trial court erred in finding that the State of Louisiana carried its burden of proof in demonstrating that the defendant was the biological father of the minor child.

INDISPENSABLE PARTY

Guichard contends that the trial court erred in overruling his peremptory exception pleading the objection of failure to join an indispensable party. Guichard reasons that Robert Bordelon, legal father of Sarah E. Bordelon, should have been joined in the proceedings and required to submit to blood tests.

LSA-C.C.P. art. 641 addresses joinder of indispensable parties and provides as follows:

Indispensable parties to an action are those whose interests in the subject matter are so interrelated, and would be so directly affected by the judgment, that a complete and equitable adjudication of the controversy cannot be made unless they are joined in the action.
No adjudication of an action can be made unless all indispensable parties are joined therein.

Parties should be deemed "indispensable" only when absolutely necessary to protect substantial rights, and only after facts clearly establish that no complete and equitable adjudication of controversy can be made in a party's absence. A party is not "indispensable" merely because his presence would aid in the adjudication of the controversy. Garlick v. Succession of Garcia, 606 So.2d 36, 37 (La.App. 4th Cir.1992).

LSA-R.S. 46:236.1 F(1) sets forth the Department's right to bring a direct action against an alleged biological parent for support of a minor child and provides, in pertinent part, as follows:

The department, except when it is not in the best interest of the child, may without the necessity of written assignment, subrogation, tutorship proceedings, or divorce proceedings, take direct civil action, including actions to establish filiation against an alleged biological parent notwithstanding the existence of a legal presumption that another person is the parent of the child solely for the purpose of fulfilling its responsibility under this Section, in any court of competent jurisdiction, to obtain an order, judgment, or agreement of support against the responsible person in any case in which the department is providing services under this Section.... A separate and distinct cause of action in favor of the department is hereby created, and suits brought under this provision need not be ancillary to or dependent upon any other legal proceeding. (emphasis added.)

*1376 Thus, although one man is presumed to be the father of the child under LSA-C.C. art. 184,[4] the Department may, nonetheless, bring a direct action against an alleged biological father for support purposes. In Smith v. Cole, 553 So.2d 847, 854-55 (La. 1989), the Louisiana Supreme Court stated:

The Article 184 presumption will not be extended beyond its useful sphere. The presumption was intended to protect innocent children from the stigma attached to illegitimacy and to prevent case-by-case determinations of paternity.

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Cite This Page — Counsel Stack

Bluebook (online)
655 So. 2d 1371, 1995 WL 272022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-guichard-lactapp-1995.