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STATE EX REL. SECRETARY SRS v. CLEAR

No. 64461.

804 P.2d 961 (1991)

248 Kan. 109

STATE of Kansas ex rel. SECRETARY OF SOCIAL AND REHABILITATION SERVICES, Appellant, v. Barbara J. CLEAR (now Barbara Finnigan), Appellee.

Supreme Court of Kansas.

January 18, 1991.

Attorney(s) appearing for the Case

John R. Dowell, of Dept. of Social and Rehabilitation Services, Ottawa, argued the cause, and David N. Sutton, Chief of Litigation, Child Support Enforcement, Dept. of Social and Rehabilitation Services, Topeka, was with him on the briefs, for appellant.

Carol R. (Gilham) Jones, Lawrence, argued the cause, and Charles D. Vincent, of Barkis & Vincent, Paola, was with her on the briefs, for appellee.

LOCKETT, Justice:

The Department of Social and Rehabilitation Services of the State of Kansas (SRS) appealed the district court's finding that Barbara J. Clear (Finnigan) relinquished parental rights to her minor children pursuant to K.S.A. 38-125 et seq., and, as a result, her obligation to pay child support terminated as a matter of law. The Court of Appeals first determined that the issue before it was one of law and thus subject to unlimited appellate review...

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