Gordon v. Hedrick

• Citation: 159 Idaho 604,364 P.3d 951
• Decision Date: 23 December 2015
• Docket Number: No. 42191.,42191.
• Court: United States State Supreme Court of Idaho
• Parties: Roger Carl GORDON, Plaintiff–Respondent–Cross Appellant, v. Shannon Lee HEDRICK, Defendant–Appellant–Cross Respondent.

159 Idaho 604

364 P.3d 951

Roger Carl GORDON, Plaintiff–Respondent–Cross Appellant,

v.Shannon Lee HEDRICK, Defendant–Appellant–Cross Respondent.

No. 42191.

Supreme Court of Idaho, Boise, April 2015 Term.

Dec. 23, 2015.

Stoel Rives, LLP, Boise, for appellant. W. Christopher Pooser argued.

Hammond Law Office, P.A., Caldwell, for respondent. Richard L. Hammond argued.

HORTON, Justice.

This is an appeal from a decision of the district court in Canyon County acting in its intermediate appellate capacity. Roger Gordon brought an action against Shannon Hedrick to establish custody and a parenting time schedule for M.H., a minor child. The magistrate court dismissed Gordon's complaint, changed M.H.'s name, and ordered that Gordon's name be removed from M.H.'s birth certificate. Gordon moved for reconsideration based upon his earlier execution of a Voluntary Acknowledgment of Paternity Affidavit (VAP), which, once filed with the vital statistics unit, constitutes "a legal finding of paternity" under Idaho Code section 7–1106(1). The magistrate court denied the motion. On appeal, the district court reversed, holding that Hedrick could not demonstrate a "mutual mistake of fact" which the district court found was required to rescind a VAP under Idaho Code section 7–1106 (2). We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Gordon and Hedrick were in a relationship that began sometime in early 2010 and lasted approximately three years. The two were never married. Hedrick became pregnant around the time that the relationship began. In November of 2010, Hedrick gave birth to M.H. The following day Gordon signed a VAP attesting that he was the biological father of M.H. Hedrick also signed the VAP, which stated Gordon "is the biological father of this child" and "I acknowledge that the man named above is the biological father of my child. I consent to the recording of his name, date, and place of birth on the birth certificate of the above-described child." Thus, M.H.'s birth certificate identified Gordon as M.H.'s father. Following M.H.'s birth, Gordon, Hedrick, and M.H. lived together until Gordon and Hedrick's relationship ended on February 28, 2013.

On March 1, 2013, Gordon filed a complaint to establish custody of M.H. and a parenting time schedule. Hedrick answered and counterclaimed for legal and physical custody of M.H. As part of her counterclaim, Hedrick alleged Gordon "frequently stated he doubts he is the child's parent. Genetic testing of the parties and child should be done to confirm parentage before entry of further orders." Gordon denied this allegation.

On May 16, 2013, Hedrick moved for a genetic test pursuant to Idaho Code section 7–1116. Hedrick's supporting affidavit averred:

5. Immediately prior to commencing my relationship with [Gordon], I was intimate with another male friend of mine. I made [Gordon] aware of this fact.

6. A genuine question exists as to the identity of the biological father; my intimate relationship with both [Gordon] and my other male friend were in close proximity to the time of conception.

The magistrate court granted Hedrick's motion and ordered genetic testing.¹

The genetic test results show that there is a 0.00% probability that Gordon is M.H.'s biological father. Based on the test results, Hedrick moved for summary judgment,² asking the magistrate court to dismiss Gordon's complaint and strike his name from M.H.'s birth certificate. Gordon did not file a written response to the summary judgment motion and did not challenge the genetic test results.

The summary judgment motion came before the magistrate court for hearing on July 25, 2013. At the hearing, Gordon's only argument in opposition to the motion was that he was a de facto custodian under the De Facto Custodian Act, Idaho Code sections 32–1701 –1705. Hedrick responded that Gordon could not be a de facto custodian because he was not related to M.H. within the third degree of blood relation. I.C. § 32–1703(1)(a). At the conclusion of the hearing, the magistrate court orally granted Hedrick's motion. On July 26, 2013, the magistrate court entered its order dismissing the action, changing M.H.'s name, and directing that Gordon's name be removed from the birth certificate

On September 12, 2013, Gordon moved for reconsideration.³ Copies of the VAP and birth certificate were attached to the motion. In his supporting memorandum, Gordon argued that Hedrick's motion for summary judgment "violated Idaho Code [section] 7–1106(2) as [Hedrick] did not allege or produce admissible evidence or meet the burden to establish ‘fraud, duress[,] or material mistake of fact.’ "

At the conclusion of the hearing on Gordon's motion for reconsideration, the magistrate judge orally denied the motion without explaining the basis for his decision. The magistrate court later issued a final judgment dismissing the case.

Gordon appealed. The district court issued a written decision on May 15, 2014, reversing the magistrate court's judgment. The district court reasoned that the VAP Gordon signed could only be rescinded on the basis of fraud, duress, or material mistake of fact. The district court interpreted the words "material mistake of fact" in Idaho Code section 7–1106 to mean a "mutual mistake of fact," basing its interpretation on contract principles. The district court observed that "there is no showing that [Hedrick] was deceived as to who the true father of her infant was." Instead, Hedrick "would either have known that Gordon was not the father, or she would have been uncertain [as] to who the true father was." Thus, the district court reversed the judgment of the magistrate court. Hedrick timely appealed and Gordon has cross-appealed.

II. STANDARD OF REVIEW

"On appeal of a decision rendered by a district court while acting in its intermediate appellate capacity, this Court directly reviews the district court's decision." In re Estate of Peterson, 157 Idaho 827, 830, 340 P.3d 1143, 1146 (2014) (quoting Idaho Dep't of Health & Welfare v. McCormick, 153 Idaho 468, 470, 283 P.3d 785, 787 (2012) ). "However, to determine whether the district court erred in affirming the magistrate court, we review the record before the magistrate court to determine whether substantial and competent evidence supports the magistrate's findings of fact." Id. Additionally, "[i]n an appeal from a district court's determination of a case appealed to it from the magistrate court, we review the decision of the district court to determine whether it correctly applied the applicable standard of appellate review." In re Guardianship of Doe, 157 Idaho 750, 753, 339 P.3d 1154, 1157 (2014). We freely review questions of law, such as statutory interpretation. McCormick, 153 Idaho at 470, 283 P.3d at 787.

"When this Court reviews a trial court's decision on summary judgment, it employs the same standard as that properly employed by the trial court when originally ruling on the motion." Montgomery v. Montgomery, 147 Idaho 1, 5, 205 P.3d 650, 654 (2009). "We construe disputed facts and draw all reasonable inferences in favor of the non-moving party." Id. Summary judgment is appropriate "if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." I.R.C.P. 56(c). "The [trial] court evaluates a motion to reconsider an order granting summary judgment by employing the summary judgment standard, and this Court uses that same standard to review the [trial] court's order with respect to such a motion." Franklin Bldg. Supply Co. v. Hymas, 157 Idaho 632, 637, 339 P.3d 357, 362 (2014) ; see also Shea v. Kevic Corp., 156 Idaho 540, 545, 328 P.3d 520, 525 (2014).

III. ANALYSIS

Hedrick's appeal challenges the district court's interpretation of Idaho Code section 7–1106(2), argues that a paternity test proving non-paternity is a conclusive mechanism for rescinding a VAP, and advances a constitutional challenge based on the VAP. Gordon's cross-appeal raises additional issues, including the district court's denial of his request for an award of attorney fees. We address these issues in turn.

A. The district court erred in interpreting the words "material mistake of fact" in Idaho Code section 7–1106(2) to mean a mutual mistake of fact.

The district court interpreted the words "material mistake of fact" in Idaho Code section 7–1106(2) to mean a "mutual mistake of fact." Hedrick argues the district court's interpretation is inconsistent with the plain language of Idaho Code section 7–1106 because the statute does not require a mutual mistake. Gordon responds that the district court correctly interpreted Idaho Code section 7–1106 as requiring something more than a unilateral mistake.

"The objective of statutory interpretation is to give effect to legislative intent." State v. Yzaguirre, 144 Idaho 471, 475, 163 P.3d 1183, 1187 (2007). "Because ‘the best guide to legislative intent is the words of the statute itself,’ the interpretation of a statute must begin with the literal words of the statute." Id. (quoting In re Permit No. 36–7200, 121 Idaho 819, 824, 828 P.2d 848, 853 (1992) ). When language is unambiguous, there is no reason for a court to consider rules of statutory construction. Idaho Youth Ranch, Inc. v. Ada Cnty. Bd. of Equalization, 157 Idaho 180, 184–85, 335 P.3d 25, 29–30 (2014). A statute is ambiguous when:

[T]he meaning is so doubtful or obscure that reasonable minds might be uncertain or disagree as to its meaning. However, ambiguity is not established merely because different possible interpretations are presented to a court. If this were the case then all statutes that are the subject of litigation could be considered ambiguous.... [A] statute is not ambiguous merely because an astute mind can devise more than one interpretation of it.

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