CSEA v. GUTHRIE

No. 97-2398.

84 Ohio St.3d 437 (1999)

CUYAHOGA SUPPORT ENFORCEMENT AGENCY, APPELLANT, v. GUTHRIE, APPELLEE.

Supreme Court of Ohio.

Decided February 17, 1999.


Attorney(s) appearing for the Case

William Mason, Cuyahoga County Prosecuting Attorney, Lynne A. Yohe, Timothy G. Spackman and Michael J. Corrigan, Assistant Prosecuting Attorneys, for appellant.

Michael K. Allen, Hamilton County Prosecuting Attorney, and David J. Kelley, Assistant Prosecuting Attorney, urging reversal for amicus curiae, Hamilton County Prosecuting Attorney's Office.


DOUGLAS, J.

The question certified to us by the Eighth District Court of Appeals is, "When a motion for relief from a judgment of paternity is based on the results of genetic testing, can such motion be brought under Civ.R. 60(B)(4), which provides for relief when the continued application of the judgment would be inequitable or must the motion be reviewed under Civ.R. 60(B)(2), which provides for relief based upon newly discovered evidence?" The court...

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