Waller v. STATE, DEPARTMENT OF HEALTH AND WELFARE

HORTON, Justice.

Appellant Randell Waller (Waller) appeals from the district court’s dismissal of his complaint wherein he sought relief from a default judgment entered eleven years earlier. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

The material facts of this case are not in dispute. On November 7, 1990, Waller and Jennifer Waller (Jennifer) were married. On March 13, 1991, Jennifer gave birth to a child. The child was conceived prior to the marriage between Waller and Jennifer. Based upon 2003 DNA test results, it is undisputed that Waller is not the child’s biological father. Waller and…