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Harris v. Harris

Court of Appeal of Iowa

September 5, 2013

JOHN LEE HARRIS III and MARION HARRIS By Their Next Friend the STATE OF IOWA, Plaintiff-Appellee,
v.
JOHN LEE HARRIS JR., Defendant-Appellant.

Appeal from the Iowa District Court for Polk County, Robert J. Blink, Judge.

John Harris Jr. appeals from the district court's entry of summary judgment for the State of Iowa in this declaratory judgment action.

Eric Borseth of Borseth Law Office, Altoona, for appellant.

Thomas J. Miller, Attorney General, and William Jacobs and Gary J. Otting, Assistant Attorney General for the Child Support Recovery Unit, Urbandale, for appellee.

Considered by Potterfield, P.J., and Mullins and Bower, JJ.

POTTERFIELD, P.J.

John Harris Jr. appeals from the district court's entry of summary judgment for the State of Iowa in this declaratory judgment action, contending the court erred in its determinations that (1) sovereign immunity bars the claim, (2) the doctrine of laches precluded Harris's action, and (3) imprisonment of a minor does not result in emancipation as a matter of law. Because this action, in effect, is an attempt to modify a child support obligation retroactively, which obligation terminated more than a decade ago, we need not address Harris's complaints. See Vrban v. Levin, 392 N.W.2d 850, 852 (Iowa Ct. App. 1986) ("[T]he trial court possessed no authority to exonerate [declaratory judgment plaintiff] from past due and accrued child support payments.").[1]We affirm.

AFFIRMED.


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