Richards v Read, 97-00450
| Decision Date | 27 July 1999 |
| Docket Number | 97-00450 |
| Parties | JAMES EDWARD RICHARDS, III, Plaintiff/Appellant, v. CYNTHIA ANN READ, Defendant/Appellee. AppealCOURT OF APPEALS OF TENNESSEE Filed |
| Court | Tennessee Court of Appeals |
APPEAL FROM THE DAVIDSON COUNTY PROBATE COURT AT NASHVILLE, TENNESSEE
THE HONORABLE FRANK G. CLEMENT, JR., JUDGE
In this case, the appellant, having voluntarily legitimated a child born out of wedlock, seeks by Rule 60 motion to be relieved of child support obligations because blood tests have now established conclusively that he is not the biological father of the child. The trial court dismissed the appellant's petition for relief from the order adjudicating him to be the child's father. On appeal, we reverse that decision and remand this case for further proceedings in conformity with this opinion.
JOHN J. HOLLINS, SR., Hollins, Wagster & Yarbrough, P.C., 424 Church Street, Suite 2210, Nashville, Tennessee 37219
J. RUSSELL HELDMAN, Williams & Heldman, 320 Main Street, Suit 101, Franklin, Tennessee 37064
ATTORNEYS FOR PLAINTIFF/APPELLANT
MARY ANN KEVIL, Bellevue Professional Center, 237 Old Hickory Blvd., Suite 201, Nashville, Tennessee 37221-1353
ATTORNEY FOR DEFENDANT/APPELLEE
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED
In 1982 Appellant, James Edward Richards, III, and Appellee, Cynthia Ann Read, were both employees of Tennessee Wholesale Drug Company which was primarily owned and operated by Mr. Richards' father. The parties began seeing each other in December of 1982 at which time they began a sexual relationship. In August of 1983, Ms. Read informed Mr. Richards that she was pregnant and led him to believe that he was the father of the child. Mr. Richards greatly feared the reaction of his father if he discovered that Mr. Richards was having a sexual relationship with a co-employee at the company.
On May 22, 1984, approximately six weeks after the child, Britnee, was born, the parties signed under oath and filed in the Probate Court for Davidson County, Tennessee a joint petition to legitimate the child and have her birth certificate reflect the father's name as James Edward Richards, III. Both parties were represented by counsel in this proceeding and the joint petition provided in part:
6.The petitioners have reached an agreement concerning the support of the minor child, specifically:
A. James Edward Richards, III will pay to Cynthia A. Read all medical bills resulting from the delivery of Britnee Margaret Alma Read which are not paid by medical insurance. This amount total[s] One Thousand, Thirteen Dollars and 34/100 ($1,013.34).
B. James Edward Richards, III, will pay to Cynthia A. Read, the sum of Thirty Thousand Dollars ($30,000.00) for the use and benefit of Britnee Margaret Alma Read, which represents full and final discharge of all child support obligations James Edward Richards, III may have regarding his support of said minor child during her minority.
C. Cynthia A. Read agrees to accept Thirty Thousand Dollars ($30,000.00) as a full and final settlement of child support obligations of James Edward Richards, III and, by her acceptance of said sum, agrees to hold James Edward Richards, III harmless from any future claim for child support ar[is]ing out of any obligation he may have to Britnee Margaret Alma Read.
D. James Edward Richards, III, will pay all attorney fees and costs of the legitimation procedure.
The prayers for relief in this joint petition of the parties sought in part:
an Order reflecting the Court's approval of the agreement entered into by the parties wherein James Edward Richards, III shall pay to Cynthia A. Read the total sum of $30,000.00 representing a full and final settlement of all child support obligations James Edward Richards, III shall have to Cynthia A. Read or the minor child of the parties; the sum of $1,013.34 representing full payment of all medical bills, over insurance, incurred by Cynthia A. Read for the birth of said minor child; all attorney fees and court costs herein.
An order was entered this same May 22, 1984 by James R. Everett, Jr., Judge of the Probate Court of Davidson County, approved for entry by counsel for both parties legitimating Britnee and approving the provisions of the joint petition.
Neither prior to executing the joint petition nor subsequent thereto until February 26, 1992 did Mr. Richards seek any blood tests for the establishment of paternity. In this interim period, Mr. Richards continued an off and on relationship with Ms. Read including continued sexual relations, and he developed a close bond with Britnee. Despite the provisions of the agreed order of May 22, 1984, he continued to support Britnee and Ms. Read in a more than adequate fashion until he developed a serious relationship with his present wife in April of 1991. The blood tests of February 26, 1992 were done without the knowledge of Ms. Read. These tests indicated that Mr. Richards was not the father of Britnee.
On October 21, 1992 Appellant filed a petition seeking essentially to enforce the settlement provisions of the May 22, 1984 order and relieve him of any further support obligation to Britnee. Ms. Read answered and counter-petitioned on November 20, 1992 seeking essentially that the support order of May 22, 1984 be modified to require Mr. Richards to comply with guideline child support, both retroactively and until Britnee was legally emancipated. The case at issue languished in the trial court for various reasons before being heard before Honorable Frank G. Clement, Jr., Probate Judge on March 11, 1997. Following this hearing, the trial court indicated its intention to deny all relief to Mr. Richards in language that aptly states his frustration:
I have to say that there is no good answer here. This is a case that I've struggled with before today to try to figure out is there something sensible that I can do both to follow the law and to apply common sense and a humanitarian approach for the best interest of this young lady, Britnee, and the answer is no, there is no good solution.
And I can assure you that the decision I'm going to make today I don't like but I also don't like the alternatives that I have, either. Not a single one of them would be on my list of preferences.
So if you're unhappy with my decision, I join with you because I'm unhappy with it, too. Because I think it's a travesty of what has occurred in this situation and the ramifications that may result to this child.
Whose fault it is, I put at the feet of both the mother and the purported father and their own acts of self-service; in his case, putting his pocketbook before the best interest of the child.
The only way I can set aside a judgment in this case is to find that some prerequisites apply that would allow the Petitioner the limited relief and Rule 60 and the independent action that really is parallel to Rule 60 fully contemplate that Courts should be available to set aside the judgments when certain special circumstances exist that justify it, otherwise, Courts should stand firmly on the proposition that judgments, once they have matured, and whether it be by 30 days or one year or two years, depending upon the criteria, that they should stand so that peoples['] rights will have some stability.
Clearly, I have evidence before me today that Mr. James Edward Richards, III, is not the father of the young lady who is the subject of this litigation and, I must admit, it troubles me to allow any suggestion to go forward that would suggest that he is the father when clearly he isn't.
However, it was not this Court that made the decision what, 13 or 14 years ago that it would be in his best interest to sign an agreement by which hopefully with the payment of 35 or $36,000 he might be able [to] put this embarrassing situation behind him so that his father wouldn't fire him and other unfortunate things wouldn't result.
From this point forward the record gets a little confused. Another hearing was held July 14, 1997, with all attorneys and the guardian ad litem for Britnee Richards being present. Extensive presentations of counsel are of record but no testimony. The order reflecting this July 17, 1997 hearing was not entered until December 30, 1997, and provides in part as follows:
Based on the arguments of counsel, the exhibits entered, the pleadings and the record as a whole, the Court finds that the Respondent, Cynthia Ann Read, shall be awarded a judgment for arrearage of child support in the amount of Two Hundred Eight Thousand Nine Hundred Thirteen and 81/100 Dollars ($208,913.81) against the Petitioner, James Edward Richards, III.
The Court further finds that the Petitioner, James Edward Richards, III, shall pay directly to the Respondent, Cynthia Ann Read, the sum of Fifty Eight Thousand and no/100 Dollars ($58,000.00) of said arrearage judgment based on a calculation of One Thousand and no/100 Dollars ($1,000.00) per month for the period of time from July, 1992 through May, 1997 for the Respondent having solely supported the minor child during said time period.
The Court further finds that the balance of said judgment, One Hundred Fifty Thousand Nine Hundred Thirteen and 81/100 Dollars ($150,913.81), shall be paid directly into the Circuit Court Clerk's Office and a trust shall be established in the minor child's name of Britnee Margaret Alma Richards, with the Circuit Court Clerk's office managing said account for the benefit of the minor child.
The Court further finds that the Petitioner shall pay the sum of Two Thousand Two Hundred Eighty One and no/100 Dollars ($2,281.00) per month as support and maintenance for the minor child. The Court finds that the Petitioner shall pay directly to the Respondent One Thousand Four Hundred Forty and no/100 Dollars ($1,440.00) and further that the Petitioner shall pay the balance of Eight Hundred Forty One and no/100 Dollars ($841.00) into the trust account which shall be...
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