Gearing v. Gearing, 403 S.E.2d 809 (Ga. 1991). · Go Syfert
Gearing v. Gearing, 403 S.E.2d 809 (Ga. 1991). Cases Citing This Book View Copy Cite
9 citation events across 2 distinct courts.
Strongest positive: Department of Human Resources v. Browning (gactapp, 1993-10-14)
Top citers, strongest first. 1 distinct citer. How cited ↗
examined Cited "see" Department of Human Resources v. Browning (4×)
Ga. Ct. App. · 1993 · signal: see · confidence high
See Gearing v. Gearing, 261 Ga. 250 ( 403 SE2d 809 ).
Retrieving the full opinion text from the archive…
GEARING
v.
GEARING
S91A0641.
Supreme Court of Georgia.
May 10, 1991.
403 S.E.2d 809
Michael J. Bowers, Attorney General, William M. Droze, Assistant Attorney General, for appellants., John W. Timmons, Jr., for appellee.
Hunt.
Cited by 3 opinions  |  Published
Hunt, Justice.

The parties were divorced in 1982. The former husband contested paternity, but did not appeal the judgment requiring him to pay support for the minor child. In 1990, the former husband filed a motion to determine paternity, and to suspend his child support obligation. Based on the results of a Human Leukocyte Antigen (HLA) blood-typing test, the trial court found the former husband was not the child’s father, and relieved him from his support obligation.

Once there has been a final determination of paternity, a party may not relitigate that issue without first showing, inter alia, that his failure to contest paternity earlier was not the result of a lack of due diligence. Roddenberry v. Roddenberry, 255 Ga. 715, 717 (342 SE2d 464) (1986). The trial court made no findings in this regard and, accordingly, this case is remanded to the trial court for a consideration of the former husband’s due diligence in accordance with our holding in Roddenberry v. Roddenberry, supra.

Judgment vacated and case remanded.

All the Justices concur.