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DEPARTMENT OF HUMAN SERVICES v. CHISUM

No. 97,479.

85 P.3d 860 (2004)

2004 OK CIV APP 20

DEPARTMENT OF HUMAN SERVICES, Plaintiff/Appellant, v. Billy J. CHISUM, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

January 23, 2004.

Attorney(s) appearing for the Case

Jonathan C. Neff, David M. Messer, Brune & Neff, P.C., Tulsa, OK, for Plaintiff/Appellee.

John M. Sharp, Amy E. Wilson, Department of Human Services, Tulsa, OK, for Defendant/Appellant.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

OPINION

ADAMS, Judge:

¶ 1 The Oklahoma Department of Human Services (DHS) appeals from an order granting Billy Jo Chisum's motion to vacate a support order that was based upon his execution of an affidavit of paternity. The trial judge concluded Chisum established a material mistake of fact under 10 O.S.Supp.1999 § 70. We reject DHS' arguments that...

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