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Brown v. Wyatt2/9/2005
he had no advance knowledge of the insemination procedure and that the procedure was performed against his wishes. However, in the former action it was determined that appellant could not claim any benefit from the lack of written consent because his actions demonstrated that he did know about the procedure and that he gave his consent. It is abundantly clear that the same issues of law and fact that serve as the basis for appellant's complaint in this action were fully litigated in the first suit and were essential to the final judgment that was rendered against him.
Contrary to the assertions in the prevailing opinion, the absence of written consent was the central and overriding issue in the divorce proceeding. Indeed, it was the sole basis on which appellant sought to deny paternity. Yet, it was determined as a matter of fact that appellant's actions prevented him from taking advantage of the lack of written consent. In my view, the trial court in the present action was completely justified in finding that collateral estoppel bars this suit.
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