Taylor v. Johnson

262 A.2d 803, 1970 D.C. App. LEXIS 227

• Court: District of Columbia Court of Appeals
• Decided: March 6, 1970
• Docket: 5053
• Status: Published

Opinions

FICKLING, Associate Judge:

Appellant (the mother) brought this action in the Domestic Relations Branch of the District of Columbia Court of General Sessions against appellee (the putative father) for support and maintenance of her minor child. The putative father was personally served with process but did not answer, and a default was entered against him. Following a hearing for ex parte proof, the trial court dismissed the mother’s complaint because it found

* * * that the [mother] and [putative father] were never married and [the mother] failed to establish by competent evidence that the [putative father] has been held by a Court to be the father of the child and there is an absence of any written evidence that the [putative father] had admitted the paternity of the child herein; the [mother’s] testimony that [the putative father] “admitted to her that he was the father of the child,” is insufficient to warrant this Court in making a finding in the [mother’s] favor.¹

The mother appeals from the dismissal of the complaint; the putative father did not appear and the appeal was submitted.

The issue in this case is whether or not the court erred by requiring the mother to produce evidence to warrant the court’s making a finding of paternity in her favor and, she having failed that, by dismissing her complaint. After thorough consideration, we hold that the trial court erred, and we reverse with instructions to reinstate the complaint² and set the cause for ex parte proof.³

Since the putative father failed to plead or otherwise defend, although properly served with process, the mother, upon her filing of an affidavit in support, was entitled to an entry of default by the Clerk.⁴ The effect of the entry of default is the admission of the truth of the well pleaded allegations of the complaint. Anderson v. Gallman, D.C.Mun.App., 99 A.2d 560 (1953); G.S.Dom.Rel. Rule I; G.S.Civil Rule 8(d). One of the allegations of the complaint was “That the minor child, Yolanda Cheree Taylor, is the daughter of the defendant [appellee], Bradford A. Johnson, Jr., having been born on January 9, 1969, and said minor has been acknowledged by the defendant as his natural born child.” The default established this allegation as a fact which did not require further proof.

Since it appeared from the record that the entry of default was proper, the taking of ex parte proof should have been limited to the amount of support to be awarded.⁵ Reversed and remanded with instructions.

1 . Taylor v. Johnson, Civil Action No. D-801-’69 (D.C.Gen.Sess., filed June 1, 1969).

2 . The Domestic Relations Branch has jurisdiction to compel a father to support an illegitimate child where paternity is not in dispute. Johnson v. Johnson, 117 U.S.App.D.C. 6, 324 F.2d 884 (1963) (admission by answer) ; Drew v. Drew, D.C. Mun.App., 185 A.2d 728 (1962) (admission by default).

3 .G.S.Dom.Rel. Rule 6(c) provides:

DEFAULT. In any domestic relations ease, not involving divorce, annulment, or custody of minor children, where the defendant has failed to plead or otherwise defend the action, although duly served with summons and copy of complaint, the plaintiff shall be entitled to an entry of default by the Clerk upon the filing of an affidavit in support of same, and thereafter the cause shall be set for hearing ex parte.

4 . Id.

5 . See 3 Barron and Holtzoff, Federal Practice and Procedure § 1216 at 85 (1958).