Legal Opinion

Sparks ex rel. Haley v. Sparks

New Mexico Court of Appeals

Decided December 17, 1992No. 13759Published

1Opinion of the Court

OPINION

BLACK, Judge.

Deborah Sparks Haley (Mother) brought this action as next friend for her ten-year-old son (Child), seeking to establish that her former husband, Larry Sparks (Sparks), was not Child’s father. Sparks filed a motion to dismiss and a motion to appoint a guardian ad litem. The district court denied the motion to appoint a guardian ad litem and did not expressly rule on the motion to dismiss, but later ruled that the divorce action between Mother and Sparks was res judicata and collateral estoppel as to the issue of paternity, and dismissed the action with prejudice. We hold…

2Cases cited6 opinions

  1. Burley v. JohnsonCourt of Appeals of Washington · 1983
  2. J. M. L. v. C. L.Missouri Court of Appeals · 1976
  3. M.R.D. ex rel. P.D. ex rel. R.F.D. v. F.M.Colorado Court of Appeals · 1991
  4. Wasson v. WassonNew Mexico Court of Appeals · 1978
  5. In re the Application for Letters of Administration on the Goods, Chattels & Credits of McGuireNew York Surrogate's Court · 1921

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