State of Idaho, Department of Health and Welfare, ex Rel., Deborah L. Osborn, Plaintiff-Appellant v. Gene Altman… (Idaho 1992)

Summary

The Court affirmed dismissal of the paternity action because the HLA report and the evaluating doctor's curriculum vitae were properly excluded, the trial court acted within its discretion in denying a postponement, and the findings supported the conclusion that the department failed to prove paternity. The Court also upheld attorney fees and awarded Altman costs and attorney fees on appeal.

Holding

Applicability of the statutory paternity blood-test procedure. The statutory provision making a verified blood-test report admissible applies only when the trial court appoints the qualified expert who performs the testing. Because the expert was not court-appointed, the statute did not govern admission of the HLA report.

Admission of the HLA report under hearsay exceptions. The trial court did not abuse its discretion by excluding the HLA report under either the business-records exception or the residual hearsay exception.

Admission of the doctor's curriculum vitae. The trial court did not abuse its discretion by excluding the curriculum vitae of the doctor who prepared the HLA report.

Denial of the stipulated postponement. The trial court did not abuse its discretion by denying the parties' stipulation to postpone trial.

Sufficiency of the evidence supporting dismissal. The trial court's findings were not clearly erroneous and supported its conclusion that the department failed to prove Altman's paternity.

Attorney fees. Altman was entitled to attorney fees in the trial court and on appeal because the department sought recovery of amounts within the statutory monetary limit and Altman prevailed.

Summary

Holding

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