Dpt. Human Services v. Whaley

IN THE COURT OF APPEALS OF TENNESSEE FILED AT KNOXVILLE April 15, 1999

Cecil Crowson, Jr. Appellate C ourt Clerk

JOHN R. WHALEY, ) C/A NO. 03A01-9809-JV-00272 ) Petitioner-A ppellant, ) BLOUNT JUVENILE ) v. ) HON. WILLIAM TERRY DENTON, ) JUDGE STA TE O F TEN NES SEE, ex rel ) ANNA GIVENS, ) AFFIRMED ) AND Respondent-Appellee. ) REMANDED

KEV IN W. S HEPH ERD , Maryville, for P etitioner-Ap pellant.

JOHN KNO X WALK UP, Attorney General and Reporter, and RON ALD W. Mc NUT T, Assistan t Attorney G eneral, Na shville, for R esponde nt- Appellee.

O P I N IO N

Franks, J.

Appellant filed a T.R.C.P. Rule 60 with the Trial Court on March 12, 1996, attacking a judgment entered by the Juvenile Court on August 1, 1980. That judgment provided:

Johnny Whaley appears in open Court and acknowledges that he is the father of John Randall Ogle, and the child is declared to be the legitimate child of Johnny Whaley and Anna Elizabeth Ogle. The name of the child shall be cha nged to Jo hn Ran dall Wha ley. The fathe r’s date of birth w as Februa ry 22, 1951 in the state of T ennessee . The birth certificate shall be amended to reflect the correct information. The father shall p ay into the Reg istry of this Cou rt the sum o f Twen ty Dollars ($2 0.00) per w eek for su pport of sa id child. The first payment is due on or before August 8, 1980 and a like payment each Friday thereaf ter.

Appellan t was den ied relief in the Trial Cou rt, on the grou nd that his *2 Rule 60 motion was not timely, but he argues o n appeal that this Court sho uld declare the 1980 judgment void on the basis that it was not entered in compliance with the requirements of Rule 58 of the Tennessee Rules of Civil Procedure.

This argument is without merit. The Rules of Juvenile Procedure, applying the Ru les of C ivil Proc edure to paternit y cases, w as not e ffectiv e until 19 84. The Tennessee Supreme Court held in 19751 that the Ten nessee R ules of C ivil Procedu re did not ap ply to paternity cases in juvenile co urt because of the juve nile court’s structure, and the juvenile courts had not been restructured nor the Rules adopte d, as of the time of the e ntry of the judgm ent in thi s case.

Accordingly, we affirm the judgment of the Trial Court for the reasons herein stated , and rema nd with co st of the app eal assessed to the appe llant.

__________________________ Herschel P. Franks, J.

CONCUR:

___________________________ Houston M. Godd ard, P.J.

___________________________ Charles D. Susano, Jr., J.

1 Patrick v. Dickson, 526 S.W.2d 449, (TN. 1975).