Lohman v. Flynn
| Decision Date | 27 June 2003 |
| Docket Number | No. 28607.,28607. |
| Citation | 139 Idaho 312,78 P.3d 379 |
| Parties | Gina L. LOHMAN, Plaintiff-Respondent-Cross Appellant, v. Kenton C. FLYNN, Defendant-Appellant-Cross Respondent. |
| Court | Idaho Supreme Court |
Clark & Feeney, Lewiston, for appellant. Charles M. Stroschein argued.
Randall, Blake & Cox, Lewiston, for respondent. Carmel A. McCurdy Lewis argued.
Gina Lohman initiated this action against Kenton Flynn, the father of her child, seeking recovery of expenses in connection with the pregnancy and birth of the child and reimbursement for the expenses incurred in raising the child prior to the time child support was established in a paternity action. Following trial, the trial court utilized the child support guidelines to determine the amount to be paid by Flynn and awarded reimbursement for support of the child to Lohman within the applicable statute of limitation. This case comes before the Court following the appeal to the district court, which held that Gina Lohman's request for reimbursement was barred by res judicata because the request should have been raised during the paternity action. Both parties appeal. We agree with the district court's analysis, reverse the trial court's judgment and dismiss the action.
Gina Lohman and Kenton Flynn had a child on June 25, 1990. The parties were never married. The issue of paternity arose at the time of the child's birth, but Lohman denied that Flynn was the father. Flynn, however, was aware of the possibility that he was the child's father.
Lohman filed an application for child support services with the State of Idaho in February 1999. In March 1999, the state brought a paternity action against Flynn. Flynn was found to be the child's father. On September 13, 1999, the court issued an Order of Paternity and Child Support. The order awarded child support to begin on August 1, 1999. The order also awarded an arrearage judgment for child support, for the period from the filing of the paternity action in March 1999 to July 31, 1999.
In January 2000, Lohman filed this action against Flynn in the magistrate division of the district court for reimbursement of expenses incurred in raising the child prior to the time paternity was established. Flynn filed a special appearance requesting the case be dismissed for lack of personal jurisdiction, improper venue, and lack of proper service of process. Flynn also filed an answer alleging affirmative defenses of res judicata, statute of limitation, laches, estoppel and failure to join these claims in the prior paternity action.
Following a hearing on the parties' pretrial motions, the trial court determined that the statute of limitation pursuant to I.C. § 5-218 applied and limited Lohman's claim to the years 1997-1999. The trial court also addressed evidentiary problems, such as Lohman failing to attend a deposition and failing to comply with discovery requests, finding that Lohman's noncompliance went directly to her burden of proof and if she was unable to meet the burden that she would have to face the repercussions of not prevailing on her claim. The magistrate considered Flynn's contentions that the court lacked personal jurisdiction and that Lohman's claim should be barred by res judicata and laches. The court found that Flynn had subjected himself to jurisdiction in the paternity action and that Flynn had resided and worked in Idaho, conferring jurisdiction upon the court. The magistrate determined that Lohman had an independent interest in seeking reimbursement from Flynn and that her case was not barred by res judicata. Further, the trial court concluded that laches did not apply because Flynn would not be prejudiced by the relief sought by Lohman. Finally, the magistrate determined if Lohman met her threshold burden of proof that the court would apply the child support guidelines to calculate the amount of reimbursement.
The trial court found that the evidence produced at trial established that Lohman provided food, clothing, housing and recreational necessities for the child since the time of her birth, although the exact amount of money expended was not documented. The evidence further established that Flynn had not provided Lohman support for the child prior to the paternity action. Following trial, the magistrate found that Lohman had met her burden of proof and awarded reimbursement for the period from January 20, 1997, until March 1999, in accordance with the child support guidelines.
Flynn appealed the magistrate's decision to the district court arguing, among other things, that Lohman's action was barred by res judicata. The district court agreed with Flynn's res judicata argument and reversed the magistrate's decision. The district court then remanded the case with directions to enter the judgment in favor of Flynn and dismiss the action.
1. Did the court have jurisdiction over Flynn and was he properly served?
2. Did the district court err in finding the doctrine of res judicata barred Lohman's request for reimbursement of past due child support?
3. Did the court err in making certain rulings on evidentiary objections throughout the pendency of this case?
4. Whether Lohman met her burden of proof in establishing reimbursement for amounts paid on behalf of the child?
5. Is Lohman's action barred by laches or estoppel for failing to pursue her action in a timely fashion?
6. Should the district court have awarded attorney fees to Flynn?
7. Is either of the parties entitled to attorney fees on appeal?
When reviewing the decision of a district court acting in its appellate capacity over the magistrate division, the Supreme Court reviews the magistrate judge's decision independently of, but with due regard for, the district court's intermediate appellate decision. See Swanson v. Swanson, 134 Idaho 512, 515, 5 P.3d 973, 976 (2000)
; Balderson v. Balderson, 127 Idaho 48, 51, 896 P.2d 956, 959 (1995). The findings of fact by the magistrate judge will be upheld by this Court if they are supported by substantial, competent evidence in the record. Id. With respect to the trial court's conclusions of law, this Court exercises free review. Id.
The lower court's discretionary decisions will be upheld on appeal absent a showing that the court abused its discretion. Quiring v. Quiring, 130 Idaho 560, 563, 944 P.2d 695, 698 (1997). When an exercise of discretion is reviewed on appeal, the Court inquires: (1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by exercise of reason. Id. (citations omitted).
Flynn argues that the trial court did not have personal jurisdiction over him because he was not a resident of Idaho nor has he had contact or lived within the state. Flynn contends that the court should not be able to bootstrap jurisdiction from the paternity action to this case. Flynn asserts that since this is a reimbursement action rather than a child support action, I.C. § 7-1026 should not be utilized to confer jurisdiction in the court. Lohman contends that Flynn is not excepted from jurisdiction pursuant to I.C. § 7-1026 because he stands as an obligor, not a petitioner. Lohman points out that Flynn subjected himself to jurisdiction in the paternity action. Further, Lohman notes that the baby was born in Idaho and that Flynn resided and worked both in Idaho and Washington.
The magistrate addressed whether the court had personal jurisdiction over Flynn and found the following:
The evidence in this case shows that [the child] was conceived in Idaho based upon Mr. Flynn's own exhibits. It is clear from the evidence prior to the conception of [the child], Mr. Flynn resided with Ms. Lohman both in Idaho and Washington and that he worked at Potlatch Corporation in Idaho as a contractor. Mr. Flynn subjected himself to jurisdiction of the court in the paternity action in Nez Perce County Case No. 99 00667. From these facts this Court has personal jurisdiction over Mr. Flynn for the purposes of this case. Therefore, Mr. Flynn's motion to dismiss for lack of personal jurisdiction is denied.
The district court did not address the issue of jurisdiction on appeal.
In order for a judgment to be declared void, there must be some jurisdictional defect in the court's authority to enter the judgment, either because the court lacks personal jurisdiction or because it lacks jurisdiction over the subject matter of the suit. Puphal v. Puphal, 105 Idaho 302, 306, 669 P.2d 191, 195 (1983).
Idaho Code § 7-1004 provides the basis for jurisdiction over a nonresident in child support cases:
To continue reading
Request your trial
-
U.S. & Coeur D'Alene Tribe v. State (In re Csrba Case No. 49576 Subcase No. 91-7755)
...between the same parties of a prior litigation is a question of law upon which this Court exercises free review. Lohman v. Flynn, 139 Idaho 312, 319, 78 P.3d 379, 386 (2003). Res judicata is an affirmative defense and the party asserting it must prove all of the essential elements by a prep......
-
Mortensen v. Mortg. Elec. Registration Sys., Inc.
...court of competent jurisdiction is an absolute bar to a subsequent action between the same parties upon the same claim." Lohman v. Flynn, 78 P.3d 379, 386 (Idaho 2003) (citations omitted); see also Coeur d'Alene Tribe v. Asarco Inc., 280 F.Supp.2d 1094, 1117-19 (D.Idaho 2003) ("Although the......
-
Black Dog Outfitters, Inc. v. Idaho Outfitters & Guides Licensing Bd.
...of competent jurisdiction is an absolute bar to a subsequent action between the same parties upon the same claim.” Lohman v. Flynn, 139 Idaho 312, 78 P.3d 379, 386 (2003) (citations omitted); see also Coeur D'Alene Tribe v. Asarco Inc., 280 F.Supp.2d 1094, 1117–19 (D.Idaho 2003) (“Although ......
-
Waller v. State
...of law upon which this Court exercises free review. Ticor Title Co., 144 Idaho at 122, 157 P.3d at 616 (citing Lohman v. Flynn, 139 Idaho 312, 319, 78 P.3d 379, 386 (2003)). "Res judicata is an affirmative defense and the party asserting it must prove all of the essential elements by a prep......