Hunt v. Collinsworth

HUNTER, JR., Robert N. Judge.

Ray Norton Hunt ("Petitioner") appeals from the trial court's dismissal of his "Motion in the Cause[,]" which sought to change his minor's child's surname to his own. On appeal, Petitioner argues the doctrine of res judicata does not bar his claim. Our opinion agrees with the result advocated by Petitioner argument; however, we affirm the dismissal on statutory grounds, rather than res judicata .

I. Factual and Procedural Background

On 30 July 2010, Petitioner filed a petition to legitimate a minor child, M.L.D., pursuant to N.C. Gen. Stat. § 49-10. See N.C. Gen.…