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Mayoza v. Pleasant

August 18, 1998

NATHANIEL ROCIMAN MAYOZA, APPELLANT
v.
ROBERT COLE PLEASANT, APPELLEE



Before McMILLIN, P.j., Diaz, And King, JJ.

The opinion of the court was delivered by: King, J., For The Court:

Mayoza v. Pleasant, 97-CA-00104-COA

THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-B

DATE OF JUDGMENT: 12/30/96

TRIAL JUDGE: HON. PERCY LEE LYNCHARD JR.

COURT FROM WHICH APPEALED: DESOTO COUNTY CHANCERY COURT

NATURE OF THE CASE: CIVIL - DOMESTIC RELATIONS TRIAL COURT DISPOSITION:, APPELLEE DECLARED TO BE LEGAL FATHER OF MINOR CHILD BORN TO, APPELLANT AND HIS WIFE

DISPOSITION AFFIRMED

Nathaniel Mayoza filed a petition to establish paternity in the Juvenile Court of Memphis and Shelby County. That court recognized Mr. Mayoza as Ashton Mayoza's legal father by virtue of his marriage to Connie Mayoza, but dismissed the petition declaring a lack of subject matter jurisdiction. On March 1, 1996, Robert Pleasant filed a similar petition to establish paternity of Ashton Mayoza in the Desoto County Court, Mississippi. *fn1 The trial court ordered blood tests upon Mr. Pleasant's motion. These tests showed a 99.97 percent probability that Mr. Pleasant was the father of Ashton. After a hearing, the chancery court declared Mrs. Mayoza and Mr. Pleasant to be the natural parents of Ashton. Aggrieved, Mr. Mayoza assigns three points of error on appeal:

(1) The Desoto County Chancery Court failed to give full faith and credit to Tennessee's order of dismissal of a paternity action which acknowledged that the appellant was Ashton Mayoza's legal father.

(2) The Desoto County Chancery Court erred in granting the summary judgment.

(3) The Desoto County Chancery Court erred in failing to apply the doctrine of res judicata.

Finding no error, we affirm the Desoto County Chancery ...


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