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REBECCA v. MICHAEL

No. 30411.

584 S.E.2d 600 (2003)

213 W.Va. 744

REBECCA Lynn C., Plaintiff Below, Appellant, v. MICHAEL Joseph B., Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 1, 2003.

Dissenting Opinion of Justice Davis July 9, 2003.

Attorney(s) appearing for the Case

Rebecca Lynn C., Wheeling, Pro se.

Kimberly D. Bentley, Esq., Assistant Attorney General, Charleston, for Amicus Curiae WV Bureau for Child Support Enforcement.

Christopher P. Riley, Esq., Bailey, Riley, Buch & Harman, Wheeling, for Appellee.

PER CURIAM.

In this case we review a ruling by the Circuit Court of Ohio County that dismissed a mother's petition seeking to modify an order that had been entered in a paternity action. The order that the mother sought to modify terminated the duty of a biological father to pay child support, based on a lump-sum payment to the child's mother.1 We reverse the circuit court's dismissal of the petition and remand for further proceedings...

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