T filed a Motion to Argue against Precedent with this court whichįamily court, the appellate court has the authority to correct errors of lawĪnd to find facts in accordance with its own view of the preponderance of theĮvidence. On Novemand was reinstated on December 21, 2006. To a motion for reconsideration, a hearing was held on Septemthat The courts order of dismissal was filed on June 1, 2006. The prior divorce decree stating that there was a clear finding of paternityĪnd the court lacked subject matter jurisdiction based on res judicata/collateralĮstoppel. The court issued its order dismissing the complaint with prejudice based upon
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T objected to the courtĬonsidering the paternity test which was attached to Mr. She then filed her answer and counterclaim to the amended complaint onĪpril 19, 2006.
![motion to dismiss res judicata sample motion to dismiss res judicata sample](https://cdn.uslegal.com/uslegal-preview/US/US-PI-0313/1.png)
T amended his pleadings to allege fraud on the part of Ms. Ts motion to dismiss underĪdvisement and allowed the parties thirty (30) days within which to prepare and T alleging he was a resident of Washington D.C. Jurisdiction based on res judicata/collateral estoppel grounds. Personam jurisdiction over her and the courts lack of subject matter T asked the court toĬontinue the matter or to dismiss the complaint based on the courts lack of in The temporary hearing on March 10, 2006, counsel for Ms. Suggesting that he was not the biological parent of the children. T also attached to his original complaint a DNA paternity test Respondent Alston was named as a party to the present Sons physical appearance was similar to that of a man by the name of MichaelĪlston (Alston). T also alleged that during a summer visit in 2005, he noticed that his The false and mistaken belief that these children were his biological children. T filed the present lawsuit alleging that from the time of the birth of theĬhildren, through the time of the divorce and until recent months, he was under Specifically found that wo children have been born of this marriage. The couple was divorced byįinal Divorce Decree filed on October 18, 1999, which specifically set forthĪnd incorporated the parties agreement. Parties submitted their agreement to the Sumter County Family Court forĪpproval and the court approved their agreement. He agreed to pay child support for the children in The agreement of the parties provided for
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TheĪgreement specified that the parties agreed that Ms. Parties subsequently entered into an agreement which was placed in the record. Ts complaint and denying that he was entitled to T then filed an answer and counterclaim admitting the allegations contained in T alleged that he was entitled to joint, legal custody of the children. Two children have been born of this marriage. T and seeking joint, legal custody of the parties T filed a complaint with the Sumter County Family Court We reverse and remand for an evidentiary hearing and development of the record on the matter.Īppellant, Mr. T appeals the family court’s dismissal of his complaint to set aside a prior child support order and to determine paternity of two children born during his marriage with Ms. Michael Alston, of Washington, and Ryan Alexander McLeod, of Sumter, for Respondent.