Beyer v. Metze

5 Citing cases

  1. Neely v. Thomasson

    365 S.C. 345 (S.C. 2005)   Cited 18 times
    Recognizing the difference between jurisdiction over an action and jurisdiction over an issue, and holding that although section 20-7-420 vests the family court with exclusive jurisdiction over actions to determine paternity, under section 62-1-302 the probate court has jurisdiction to resolve the issue of paternity when the issue is essential to the probate court's determination of heirs

    Paternity may also be adjudicated in a divorce proceeding. Beyer v. Metze, 326 S.C. 356, 359, 482 S.E.2d 789, 791 (Ct.App. 1997). If the issue of paternity was raised, or could have been raised, in a prior action, a party to that action is barred from challenging paternity at a later date.

  2. Martin v. Pierce

    370 Ark. 53 (Ark. 2007)   Cited 25 times
    Explaining that res judicata liars litigation if both suits involve the same parties or their privies

    See, e.g., In re Paternity of Rogers, 697 N.E.2d 1193 (Ill.App. Ct. 1998); Love v. Love, 959 P.2d 523 (Nev. 1998); Godin v. Godin, 725 A.2d 904 (Vt. 1998); Gann v. Gann, 705 So. 2d 509 (Ala.Civ.App. 1997); Grice v. Detwiler, 488 S.E.2d 755 (Ga.Ct.App. 1997); Beyer v. Metze, 482 S.E.2d 789 (S. C. Ct. App. 1997); In re A.L.J., a/k/a A.L.E., 929 S.W.2d 467 (Tex.Ct.App. 1996); see also Donald M. Zupanec, Annotation, Effect, In SubsequentProceedings, of Paternity Findings or Implications in Divorce or Annulment Decree or in Support or Custody Order Made Incidental Thereto, 78 A.L.R.3d 846. The Vermont Supreme Court set out succinctly the policy considerations which favor this principle:

  3. Office of Child Support Enforcement v. Williams

    338 Ark. 347 (Ark. 1999)   Cited 26 times
    Holding that a divorce decree that determined paternity barred a subsequent paternity action by the father because he had an opportunity to contest paternity in the divorce action but failed to do so

    See, e.g., In re Paternity of Rogers, 697 N.E.2d 1193 (Ill.App.Ct. 1998); Love v. Love, 959 P.2d 523 (Nev. 1998); Godin v. Godin, 725 A.2d 904 (Vt. 1998); Gann v. Gann, 705 So.2d 509 (Ala.Civ.App. 1997); Grice v. Detwiler, 488 S.E.2d 755 (Ga.Ct.App. 1997); Beyer v. Metze, 482 S.E.2d 789 (S.C.Ct.App. 1997); In re A.L.J., a/k/a A.L.E., 929 S.W.2d 467 (Tex.Ct.App. 1996); see also Donald M. Zupanec, Annotation, Effect, In Subsequent Proceedings, Of Paternity Findings Or Implications In Divorce Or Annulment Decree Or In Support Or Custody Order Made Incidental Thereto, 78 A.L.R.3d 846. [3] The Vermont Supreme Court set out succinctly the policy considerations which favor this principle:

  4. Reid v. Dixon

    524 S.E.2d 576 (N.C. Ct. App. 2000)   Cited 3 times

    Under the plain language of Chapter 52C, Mr. Dixon may not now assert the defense of nonparentage in this UIFSA proceeding because his paternity has already been established by another legal proceeding. Accord, State v. Hanson, 725 So.2d 514 (La.Ct.App. 1998) (holding that Louisiana's enactment of UIFSA prevented the defendant from asserting a paternity defense since his paternity had already been established by an Iowa court); Beyer v. Metze, 482 S.E.2d 789 (S.C.Ct.App. 1997) (holding that South Carolina's enactment of UIFSA prevented the defendant from asserting the defense of nonparentage since an Ohio family court had already determined paternity); Villanueva v. Office of the Attorney General of Texas, 935 S.W.2d 953 (Tex.Ct.App. 1996) (holding that Texas' enactment of UIFSA explicitly forbade a paternity defense when paternity had been established by another legal proceeding). Since N.C. Gen. Stat. ยง 52C-3-314 explicitly bars the defense of nonparentage when paternity has already been established, we hold that the trial court erred in allowing Mr. Dixon to challenge his paternity of the subject child in North Carolina. Accordingly, the orders of the trial court are

  5. Belk of Spartanburg, S.C. v. Thompson

    337 S.C. 109 (S.C. Ct. App. 1999)   Cited 5 times
    Holding the significance of an appraisal that did not take Santee factors into account must be discounted

    " The trial court's rulings on discovery matters will not be disturbed on appeal absent a clear abuse of discretion. Dunn v. Dunn, 298 S.C. 499, 381 S.E.2d 734 (1989); Beyer v. Metze, 326 S.C. 356, 482 S.E.2d 789 (Ct. App. 1997). The burden is upon the party appealing from the order to demonstrate the trial court abused its discretion.