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No. 129606
| Michael J. Barnes, Jr., |
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Jeffrey M. Gagie |
Plaintiff-Appellee, |
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vs (Kalamazoo - Williams, C.)
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| Kim Kristine Jeudevine, |
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George T. Perrett |
| Defendant-Appellant. |
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| ______________________________________ |
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Plaintiff-Appellee's Brief in Response>>
Defendant-Appellant's Application for Leave to Appeal>>
Background
Michael Barnes alleges that he and Kim Kristine Jeudevine had a sexual relationship while Jeudevine was still married to her ex-husband. A child was conceived before Jeudevine was divorced from her husband. Jeudevine did not tell her soon-to-be ex-husband that she was pregnant, and the default divorce judgment states that it “further appear[s] that no children were born of this marriage and none are expected.” The child was born four months after the divorce. Barnes and Jeudevine completed an affidavit of parentage, and Barnes is listed as the child’s father on the birth certificate. Barnes alleges that he then lived with Jeudevine and the child for more than four years until he and Jeudevine separated. Barnes then filed a paternity action, seeking a legal determination that he is the child’s father. The trial court granted summary disposition and dismissed Barnes’ lawsuit, finding that the default divorce judgment did not amount to a prior judicial determination of paternity under Girard v Wagenmaker, 437 Mich 231 (1991), and that, as a result, Barnes lacked standing to bring a paternity action. The Court of Appeals disagreed and reversed in an unpublished opinion. Jeudevine appeals.
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