GUILFORD COUNTY, BY AND THROUGH
ITS CHILD SUPPORT ENFORCEMENT
OFFICE, ex rel. TERESA COBB
v. Guilford County
No. 89 CVD 989
THEODORE ANTHONY
Guilford County Attorney's Office, by Deputy County Attorney
Michael K. Newby, for petitioner-appellant.
No brief filed by respondent-appellee.
MARTIN, Judge.
Teresa Cobb, mother of a child born 23 December 1988, executed
an affirmation of paternity on 15 March 1989 identifying
respondent, Theodore Anthony, as father of the child. Respondent
executed an acknowledgment of paternity on 12 May 1989, and the
trial court entered an order of paternity on 23 May 1989. On or
about 18 May 2001 respondent filed a motion seeking DNA testing
because he had reason to believe the child was not his. On or
about 15 March 2002, the trial court allowed his motion. On 23
July 2002, this Court issued a writ of certiorari to review the
court's order allowing paternity testing. For the reasons stated in State of N.C. ex rel. Bright v.
Flaskrud, 148 N.C. App. 710, 559 S.E.2d 286 (2002), we reverse the
order. Until an order of paternity has been set aside, it remains
res judicata and a bar to paternity testing. There is no order in
the present record setting aside the prior order of paternity.
Reversed.
Judges McCULLOUGH and CALABRIA concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***