Hunter v. Ferebauer
178 Wash. App. 1
Wash. Ct. App.2013Background
- Hunter disputed Utah adoption of Infant F. and sought paternity in Washington; Utah terminated Hunter’s parental rights in 2010 and adoption to Washington parents occurred; Washington initially retained case but stayed pending Utah finality; Utah decree granted no standing to Hunter due to lack of signed declaration; Washington dismissed as moot after Utah ruling and failure to appeal; appeal asks for full faith and credit, findings, testing order, joinder, and participation relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal as moot was proper given Utah ruling | Hunter seeks relief despite Utah judgment | Washington must give full faith and credit to Utah order | Yes, dismissal proper; Utah ruling controls |
| Whether findings of fact and conclusions of law were required | CR 52(a) requires findings in such decisions | Discretionary motions without specific findings; de novo review possible | Not required; de novo review used and findings unnecessary |
| Whether Utah had jurisdiction and whether full faith and credit applies | Utah lacked jurisdiction over paternity | Utah had jurisdiction; proper to credit Utah order | Utah had jurisdiction; full faith and credit applied |
Key Cases Cited
- Baker v. Gen. Motors Corp., 522 U.S. 222 (1998) (full faith and credit boundaries and res judicata effects)
- Durfee v. Duke, 375 U.S. 106 (1963) (full faith and credit antecedes state judgments)
- Milliken v. Meyer, 311 U.S. 457 (1940) (full faith and credit clause conclusive as to matters decided)
- Estin v. Estin, 334 U.S. 541 (1948) (personal jurisdiction and waiver considerations)
- Blackmon v. Blackmon, 155 Wn. App. 715 (2010) (mootness and relief mootness standards in Washington)