Legal Opinion

State Ex Rel. Mart v. Mart

Court of Appeals of Minnesota

Decided January 28, 1986No. C7-85-1505PublishedCited by 7 opinions

1Opinion of the Court

OPINION

NIERENGARTEN, Judge.

This appeal is from an order denying appellant Dennis Mart’s motion for blood tests to establish non-paternity. The trial court determined that a finding of paternity in the couple’s judgment and decree was res judicata and barred the defense of non-paternity in a subsequent action for enforcement of child support. We affirm.

FACTS

Dennis and Shirlyn Mart were married in 1968 and divorced on April 25, 1972 (in Hennepin County). In Dennis Mart’s complaint for divorce he alleged there were two children born during the marriage, Penny Ann and Denise Ann, and that his…

2Cases cited3 opinions

  1. Tammen v. TammenSupreme Court of Minnesota · 1970
  2. State Ex Rel. Ondracek v. BlohmCourt of Appeals of Minnesota · 1985
  3. Marriage of Swanson v. SwansonCourt of Appeals of Minnesota · 1985

3Cited by7 opinions

  1. Marriage of Clay v. ClayCourt of Appeals of Minnesota · 1986
  2. State v. YelliNebraska Supreme Court · 1995
  3. Markert v. BehmCourt of Appeals of Minnesota · 1986
  4. Nancy Darlene M. v. James Lee M., Jr.West Virginia Supreme Court · 1990
  5. Xiaoyan Gu v. Da Hua Hu, and ACE INA Insurance Company Canada, Defendants/Respondents.Missouri Court of Appeals · 2014

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