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Deborah Maher v. Gary Alcon

CIRCUIT COURT OUT OF YOUR CITY OF VIRGINIA BEACH, VIRGINIA

40 Va. Circle. 238

?The defendant covering the divorce action, Joseph Wozniak, hasn't been personally before the moderator, having been served by way of Order of Publication. Appellant now claims in which respondent in this action, Gary Alcon, is the father of the child and seeks a conclusion of?paternity and an dealing of Child Support. The Virginia Beach Juvenile and Asset Relations District Court (Ronald H. Marks, Judge) dismissed appellant's petition for Child Support.

Issue:

• Whether the finding of paternity during a divorce decree was res judicata from the mother?






• Whether absence personal jurisdiction over the husband within just your divorce action?

1) Whether the finding of paternity throughout a divorce decree was res judicata contrary to the mother?

The court held that "it is liable that?the juvenile court used term res judicata broadly as well as based its ruling along the doctrine of collateral estoppel. Collateral estoppel is a kind of res judicata that doesn't require that the two actions be identical, but precludes the relitigation for any factual issue that came down to litigated in the at the outset action. "The doctrine of safeguard estoppel provides that parties to an action and their privies have become precluded from litigating your subsequent action any exactly of fact actually litigated and vital a valid and final personal judgment the actual planet first action'. " You can see that neither the way of life of res judicata not the doctrine of collateral estoppel obtainable as defenses to this action. The respondent in this course of action was not a party decades first action, nor can the court find any basis pertaining to being declaring respondent and petitioner's ex-husband to check "privies. ""

2)?Whether absence personal jurisdiction over the husband within just your divorce action?

This court holds that it respondent lacks standing to enhance the defenses of option judicata and collateral estoppel, that issue can't addressed.

Disclaimer:

These summaries are provided by the SRIS Procedures Group. They represent the firm's unofficial views out of your Justices' opinions. The original opinions should be consulted for their valuable content.

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