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GODSOE v. GODSOE

Docket: And-09-255

995 A.2d 232 (2010)

2010 ME 42

Donald B. GODSOE v. Elizabeth A. GODSOE et al.

Supreme Judicial Court of Maine.

Decided: May 18, 2010.

Attorney(s) appearing for the Case

Scott Giese, Esq. (orally), Law Office of Scott Giese, Biddeford, ME, Attorney for Donald B. Godsoe.

Jonathan M. Davis, Esq. (orally), Powers & French, P.A., Freeport, ME, Attorney for Peter Wiers.

Robert L. Guillory, Esq. (orally), Shankman & Associates, Lewiston, ME, Attorney for Elizabeth Godsoe.

Janet T. Mills, Attorney General, Carlos Diaz, Asst. Atty. Gen. (orally), Maine Office of Attorney General, Portland, ME, Attorneys for amicus curiae Maine Department of Health and Human Services.

Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.

ALEXANDER, J.

[¶ 1] Donald B. Godsoe appeals from separate summary judgments entered in the District Court (Lewiston, Beliveau, J.) in favor of Elizabeth Godsoe and Peter Wiers. Donald argues that the court erred in granting Elizabeth's and Wiers's motions for summary judgment on the grounds of: (1) res judicata because a triable issue of fact remained as to whether Elizabeth and Wiers committed fraud concerning the paternity of Elizabeth's son; and (2...

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