112 A.3d 1024
Md. Ct. Spec. App.2015Background
- December 23, 2009, Jessica Cook and Justin Davis signed affidavits of parentage for twins naming Davis as the natural father.
- July 25, 2011, Bureau filed a child-support action based on the affidavits; at the hearing Davis, pro se, denied paternity and sought a blood test.
- Circuit court denied testing, found paternity by affidavit, and ordered Davis to pay child support; Davis did not appeal.
- September 2013, Davis sought a blood test and to strike the affidavits and set aside the 2011 support order; Bureau moved to dismiss, treated as summary judgment.
- December 2013, circuit court granted summary judgment, holding that the right to testing does not extend to paternity established by an affidavit and that res judicata bars relitigation; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was proper | Davis seeks to relitigate paternity testing to exclude him. | Bureau argues res judicata bars relitigation and testing is limited to set aside declarations of paternity. | Yes, affirmed summary judgment. |
| Whether FL 5-1029/5-1038 grant automatic testing rights after affidavits | Davis should automatically receive blood testing to challenge paternity. | Statutes do not allow automatic testing after affidavits; testing limited to setting aside declarations. | No automatic right to testing; affidavits cannot be undone except for fraud, duress, or material mistake. |
Key Cases Cited
- Anne Arundel Cnty. Bd. of Educ. v. Norville, 390 Md. 93 (Md. 2005) (res judicata considerations and finality in Md. courts)
- Lizzi v. Wash. Metro. Area Transit Auth., 384 Md. 199 (Md. 2004) (finality and scope of paternity determinations)
- Langston v. Riffe, 359 Md. 396 (Md. 2000) (limits on testing to set aside paternity declarations)
- Taylor v. Mandel, 402 Md. 109 (Md. 2007) (legislative context on paternity provisions)
- Mackall v. Zayre Corp., 293 Md. 221 (Md. 1982) (res judicata broad doctrine scope)
- Alvey v. Alvey, 225 Md. 386 (Md. 1961) (finality and claims barred by prior judgment)