Chitwood v. Chitwood (Majority)
Annotate this CaseAppellant was born during the marriage of Mother and Father. Upon Mother and Father's divorce in 1993, Father was ordered to pay child support. In 2011, Appellant, then age twenty, filed a complaint against Father to collect an alleged arrearage in child support. Father filed a third-party complaint against Mother seeking indemnification from her should he be required to pay back child support. Father then filed a motion for summary judgment for the dismissal of Child's complaint. The circuit court granted the motion, finding Appellant's complaint was barred under the law-of-the-case doctrine based on previous litigation wherein Father had prevailed against Mother on her claim for unpaid child support. The Supreme Court dismissed Appellant's appeal for lack of a final order because the order of summary judgment did not dispose of the third-party complaint Father filed against Mother.
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