Franks v. Mercer

Summary

The Louisiana Court of Appeal, Second Circuit, affirmed a judgment adjudicating the defendant as the father of a child and ordering him to pay child support and childbirth-related medical expenses. The court held that the minor plaintiff could bring the paternity action, that the defendant waived objections concerning procedural capacity and the absence of pleadings or a preliminary default by appearing after service and notice, and that appointed counsel was not required in this civil paternity and support action.

Holdings

1. Louisiana Revised Statutes 46:236.1 does not expressly preclude a person receiving Department of Health and Human Resources assistance from bringing a paternity action, and the district attorney could bring the action in the minor plaintiff's name.
2. Defendant waived the dilatory objection to the minor plaintiff's procedural capacity by failing to plead it in limine in the trial court.
3. A defendant who has been served and cited, notified of trial, and physically appears at trial makes a general appearance and waives objections to judgment being rendered without an answer or preliminary default.
4. Defendant was not entitled to appointed counsel in this civil paternity and support action.

Questions Presented

1. Whether the trial court was required to appoint counsel for defendant in the paternity and child-support action.
2. Whether the judgment was improper because defendant did not acquiesce, file pleadings, or have a preliminary default entered.
3. Whether the minor mother lacked procedural capacity to bring the action because she was a sixteen-year-old unmarried minor.
4. Whether only the Department of Health and Human Resources could bring the paternity action.
5. Whether defendant's appearance after service and notice constituted a general appearance and waived objections to proceeding without an answer or preliminary default.

Disposition

affirmed