Legal Opinion

Alvarado v. Thomson

Court of Appeals of Arizona

Decided May 31, 2016No. 1 CA-SA 16-0051PublishedCited by 11 opinions

1Opinion of the Court

OPINION

THUMMA, Judge:

¶ 1 The core issue in this special action is whether the superior court properly found that intentionally creating and using a fraudulent acknowledgment of paternity, listing the wrong biological father to avoid the adoption process, constitutes a fraud upon the court. Because the fraudulent acknowledgment circumvented a best-interests assessment, the court properly found it was a fraud upon the court. The court also did not err in denying a motion to set aside its finding based on alleged misconduct that purportedly kept the birth mother from testifying at an evidentiary…

2Cases cited11 opinions

  1. Trantor v. FredriksonArizona Supreme Court · 1994
  2. Paternity of CherylMassachusetts Supreme Judicial Court · 2001
  3. Hays v. GamaArizona Supreme Court · 2003
  4. Duckstein v. WolfCourt of Appeals of Arizona · 2012
  5. Department of Child Safety v. BeeneCourt of Appeals of Arizona · 2014

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Hefner v. HefnerCourt of Appeals of Arizona · 2019
  2. Engstrom v. McCarthyCourt of Appeals of Arizona · 2018
  3. Flores v. American Airlines IncorporatedDistrict Court, D. Arizona · 2020
  4. Flores v. American Airlines IncorporatedDistrict Court, D. Arizona · 2020
  5. Imh v. ManiatisCourt of Appeals of Arizona · 2021

6 more not listed; retrieve them via the Exa API.

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