Guffey v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating elements of such action in action to reopen divorce decree to challenge paternity
• defining an “independent action” under Rule 60(b) as “an equitable action that does not re[-]litigate the issues of the final judgment, order[,] or proceeding from which relief is sought and is one that is limited to special circumstances”
• defining an “independent action” under Civil Procedure Rule 60(b) as “an equitable action that does not re[- ]litigate the issues of the final judgment, order[,] or proceeding from which relief is sought and is one that is limited to special circumstances”
• father’s negligence in not raising paternity issue prior to final disposition of divorce precluded independent action challenging paternity
• father's negligence in not raising paternity issue prior to final disposition of divorce precluded independent action challenging paternity
• “[t]he definition of an independent action, as contemplated by W.Va.R.Civ.P. 60(b), is an equitable action that does not relitigate the issues of the final judgment, order or proceeding from which relief is sought and is one that is limited to special circumstances”

Source: CourtListener parenthetical corpus (CC0).