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Douglass v. Boyce6/28/1999
Douglass v. Boyce, et al.
Appeal From Richland County
L. Henry McKellar, Circuit Court Judge
Heard April 12, 1999
AFFIRMED
William David Douglass, a minor under the age of fourteen (14) years, by his Next Friend, Herbert W. Louthian, Esquire, appeals the circuit court's granting of Motions to Dismiss in favor of Robert Brown, Donna Seegars Givens, Sandra Dooley Parker, and Jonas and Wiggins, Attorneys at Law. We affirm.
FACTUAL/PROCEDURAL BACKGROUND
The facts, as asserted by appellant, are as follows. William David Douglass was born to Melodye Shampine on July 20, 1990. At the time of William's birth, Melodye was lawfully married to Robert Douglass. William's birth certificate lists Robert Douglass as his father. Melodye and William now claim that Christopher Boyce is, in fact, William's father. Christopher was, at the time, a minor and a special needs student in a class in which Melodye was the teacher's aide.
Subsequent to Melodye's pregnancy, but prior to William's birth, Robert Douglass initiated an action for divorce against Melodye on the ground of adultery. During the divorce action, Robert was represented by Sandra Dooley Parker, and Melodye was represented by Lynn Wiggins of Jonas and Wiggins. William alleges, although both Parker and Wiggins knew that William was not Robert's child, the divorce action did not address his paternity. Neither the child nor Christopher was joined as a party to determine paternity and no Guardian ad Litem was appointed to represent William.
In April of 1991, Christopher Boyce, the alleged father of William, died in a motor vehicle accident. In May of 1991, Daniel and Yvonne Boyce, Christopher's parents, filed an Application for Appointment as Personal Representatives of the Estate of their son. The Application made no mention of William, and he was not included as an heir. Daniel and Yvonne were subsequently appointed as Personal Representatives by the Probate Court.
The Boyces initiated a Wrongful Death Action as Personal Representatives for Christopher's Estate. The action failed to name William Douglass as a beneficiary. The Boyces were represented in the action by Robert Brown and Donna Seegars Givens of the firm Brown and Woods. No notice of the proceedings was given to William, and no Guardian ad Litem was appointed to represent him. The action was settled, and the proceeds were distributed as attorney's fees and to the Boyces.
William claims that the Boyces knew he was the biological son of Christopher and they have recognized him as their grandchild. He also asserts that attorneys Brown and Givens were informed by the Boyces that he was the biological son of Christopher.
In 1995, Melodye, as Next Friend of William, brought a claim in the Court of Common Pleas against Daniel and Yvonne Boyce. A subsequent claim was brought in Probate Court to reopen the Estate of Christopher Boyce. The case in Probate Court was transferred to Circuit Court, and the cases were consolidated. Herbert Louthian was substituted as Next Friend for William, and Steve Fitzer was appointed as Personal Representative of Christopher's Estate.
In April of 1997, a second amended complaint was filed adding Robert Brown, Donna Seegars Givens, Sandra Dooley Parker, and Jonas and Wiggins as defendants. This complaint asserted causes of action of conspiracy and intentional interference with inheritance rights against Brown and Givens. The complaint asserted a cause of action against Parker and Jonas and Wiggins for professional negligence. Attorneys Brown and Givens and the firm of Jonas and Wiggins filed motions to dismiss u
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