STATE OF EX REL. ADULT & FAMILY SERV v. RIKARD

1457-F; CA A37088.

734 P.2d 410 (1987)

84 Or. App. 546

STATE OF Oregon, ex rel. Adult and Family Services Division, Respondent, v. Mark L. RIKARD, Appellant, Liesa H. Warneke, Defendant.

Court of Appeals of Oregon.

Decided March 25, 1987.


Attorney(s) appearing for the Case

Walter D. Nunley, Medford, argued the cause and filed the brief for appellant.

Linda DeVries Grimms, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and NEWMAN and DEITS, JJ.


DEITS, Judge.

In August, 1983, Adult and Family Services Division (AFSD) filed a petition to establish that appellant is the father of a child born out of wedlock. He offered to take a blood test to decide the issue, but AFSD insisted that he file a response to the petition. Eight months later a blood test was performed under court order. The test showed that appellant could not have fathered the child.

Without notice to appellant, AFSD obtained an ex parte...

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