Department of Mental Health v. Mitchell

The defendant appeals from a judgment requiring him to pay the sum of $345.14 to the Department of Mental Health, as the outstanding portion of monies due for the care and support of the defendant’s daughter. The trial court granted the plaintiff’s motion for summary judgment.

The three questions presented for review are:(1) Was the defendant precluded from raising the factual issue, as to whether there was payment, by failure to use administrative review?(2) Was this a proper case for summary judgment?(3) Did the statute of limitations bar this action?

We answer the first two questions in the…