Logourl black
From our private database of 14,000+ case briefs...

Cleo A.E. v. Rickie Gene E.

Supreme Court of Appeals of West Virginia
438 S.E.2d 886 (1993)


Facts

After a hearing, a trial court granted Cleo A. E.’s (plaintiff) petition for divorce from her husband, Rickie Gene E. (defendant), and awarded custody of their two children, Sheila and Amber Dawn, to Cleo. Several months later, Cleo and Rickie entered into a written agreement whereby Rickie agreed to pay $250 per month in child support. Rickie left the state and was subsequently found by the West Virginia Department of Health and Human Resources Child Advocate Office (CAO) to be residing in Florida. The CAO filed a petition under the Uniform Reciprocal Enforcement of Support Act against Rickie and on behalf of Sheila to collect the past-due amount. At a hearing held in Florida, Rickie claimed that he was not Amber Dawn’s natural father and requested blood testing to determine paternity. A Florida court adjudged Rickie to be Amber Dawn’s lawful father and ordered Rickie to pay child support. A West Virginia trial court amended the final order of divorce and attached a stipulation by both Cleo and Rickie that Rickie was not the natural father of Amber Dawn. The trial court did not provide any reasoning for its decision. The CAO appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Workman, C.J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 177,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.