Chitwood v. Chitwood (Majority, with Dissenting)
Annotate this CaseKylie Chitwood was born in 1990 during the marriage of Gordon and Jane Chitwood. In 1993, Gordon and Jane divorced, and Gordon was ordered to pay child support. In 2011, Kylie, then twenty years old, filed a complaint against Gordon to collect an alleged arrearage in child support that had accrued from 1999 to 2004. Gordon moved for summary judgment, arguing that Kylie’s complaint was barred under the law-of-the-case doctrine because in previous litigation Gordon had prevailed against Jane on her claim for unpaid child support for the same period. The circuit court granted summary judgment for Gordon. The Supreme Court affirmed, holding that Kylie’s present suit was barred by Jane’s previous suit.
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