133 So. 3d 716
La. Ct. App.2014Background
- Child L.R.F., Jr. born in 2008; L.R.F. signed an authentic act acknowledging paternity.
- L.R.F. petitioned to revoke the acknowledgment under La. R.S. 9:406(B); A.A. filed a motion for DNA testing.
- Trial court granted revocation; May 2012 appellate remand due to lack of evidence.
- DNA testing conducted; chain of custody and affidavits submitted; initial admissibility contested.
- Trial court found clear and convincing evidence L.R.F. is not biological father; August 2013 judgment.
- A.A. appealed arguing multiple issues; court affirms denial of reversal and upholds revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether L.R.F. was ordered to DNA testing and whether testing occurred | A.A. argues no order or participation by L.R.F. in testing | L.R.F. obtained testing to exclude him; record shows his sample reference | Argument lacks merit; testing evidence supports exclusion. |
| Whether the Affidavit of Relationship Testing Results was properly tainted | A.A. contends Judge Miller tainted the affidavit | Pretermitted; failure to brief is fatal | Pretermitted; no merits found. |
| Whether Anthony Jones’ Affidavit was properly notarized | Affidavit not properly notarized under statutory requirements | Not subject to strict notarization under exemptions | Without merit; valid under governing statute. |
| Whether there is a written DNA testing report from a Las Cruces lab | Record lacks written report from NM facility | NM result referenced in reasons for judgment | Lacks merit; judgment review—no need for NM report. |
| Whether L.R.F. met the burden of proof by clear and convincing evidence | Clear and convincing standard not met | DNA test shows 0% probability of paternity; meets standard | No error; L.R.F. met burden to revoke acknowledgment. |
Key Cases Cited
- Nunnery v. City of Kenner, 17 So.3d 411 (La.App. 5 Cir. 2009) (waiver rule for failure to object on appeal)
- Jeansonne v. Bosworih, 601 So.2d 739 (La.App. 1st Cir. 1992) (preservation and objections requirements for appeals)
- State v. Caffrey, 15 So.3d 198 (La.App. 5 Cir. 2009) (appellate review of procedural issues in evidence)
- Mitten v. State Dep’t of Pub. Safety & Corr., 978 So.2d 957 (La.App. 1 Cir. 2007) (precedent on evidentiary challenges in administrative actions)
- Greater New Orleans Expressway Comm’n v. Olivier, 860 So.2d 22 (La. 2003) (standards for administrative and statutory interpretation)
- J.P. v. C.E., 94 So.3d 107 (La.App. 3 Cir. 2012) (identity-protection and procedural posture on appeal)