{
  "id": 8524218,
  "name": "DURHAM COUNTY and ELLEN MARIE CAPPARELLA v. HAROLD STEVE RIGGSBEE",
  "name_abbreviation": "Durham County v. Riggsbee",
  "decision_date": "1982-04-06",
  "docket_number": "No. 8114DC704",
  "first_page": "744",
  "last_page": "745",
  "citations": [
    {
      "type": "official",
      "cite": "56 N.C. App. 744"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T17:44:21.707745+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge MORRIS and Judge HEDRICK concur."
    ],
    "parties": [
      "DURHAM COUNTY and ELLEN MARIE CAPPARELLA v. HAROLD STEVE RIGGSBEE"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nOn 13 October 1976, defendant was ordered to pay plaintiff Capparella, defendant\u2019s former wife, $40.00 each week for the support of a minor child which the court found to have been born to the marriage. The issue of paternity was raised and fully litigated in that proceeding. Defendant did not appeal and complied with the order through January 1978.\nPlaintiff Capparella began receiving public assistance in the form of AFDC through the Durham County Department of Social Services and that resulted in the assignment of her right to obtain child support under the provisions of G.S. 110-137. In February 1981, plaintiff County filed a motion in the cause seeking wage garnishment pursuant to G.S. 110-136 to enforce the child support order.\nDefendant then filed a \u201cMotion for Discovery and Stay of Proceedings.\u201d The motion was filed under General Statute Rule 35(a). He alleged that he had learned of \u201ca different and reportedly more reliable method for testing a child\u2019s paternity. . . .\u201d\nOn 23 April 1981, Judge Galloway entered an order requiring the mother, father and their child to submit themselves to a tissue typing test, and ordered that the garnishment proceeding be stayed pending the results of the tests.\nThe judge\u2019s lack of authority to attempt to relitigate an issue that had been finally determined more than four years earlier is so obvious that no discussion of the question need be made.\nThe order is void, and the same is hereby vacated.\nVacated.\nChief Judge MORRIS and Judge HEDRICK concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Durham County Attorney\u2019s Office, by Assistant County Attorneys Thomas Russell Odom and S. C. Kitchen, for plaintiff appellants.",
      "Clayton and Myrick, by Ronald G. Coulter, for defendant ap-pellee."
    ],
    "corrections": "",
    "head_matter": "DURHAM COUNTY and ELLEN MARIE CAPPARELLA v. HAROLD STEVE RIGGSBEE\nNo. 8114DC704\n(Filed 6 April 1982)\nBastards \u00a7 9\u2014 inability to relitigate paternity\nThe trial court lacked authority to attempt to relitigate an issue of paternity since the issue had been finally determined more than three years earlier.\nAPPEAL by plaintiffs from Galloway, Judge. Order entered 23 April 1981 in District Court, DURHAM County. Heard in the Court of Appeals 8 March 1982.\nDurham County Attorney\u2019s Office, by Assistant County Attorneys Thomas Russell Odom and S. C. Kitchen, for plaintiff appellants.\nClayton and Myrick, by Ronald G. Coulter, for defendant ap-pellee."
  },
  "file_name": "0744-01",
  "first_page_order": 776,
  "last_page_order": 777
}