Cuyahoga Support Enforcement Agency v. Guthrie

The question certified to us by the Eighth District Court of Appeals is, “When a motion for relief from a judgment of paternity is based on the results of genetic testing, can such motion be brought under Civ.R. 60(B)(4), which provides for relief when the continued application of the judgment would be inequitable or must the motion be reviewed under Civ.R. 60(B)(2), which provides for relief based upon newly discovered evidence?” The court of appeals concluded that the February 5, 1997 entry of the juvenile court, vacating the initial determination of parentage and interim order of support,…