Joy v. Sheppard is an unpublished February 2001 opinion from the South Carolina Court of Appeals.  This case stemmed from a determination of paternity action brought by Ms. Joy.  After the initial DNA testing indicated that Mr. Sheppard was not the father of the child at issue, the parties entered a consent order finding that he was not the father.  A few days before the one-year deadline to reopen a case based on fraud, Ms. Joy filed a motion asking the court to reopen the case, claiming that Mr. Sheppard had someone else provide a DNA sample in his place, and asking for new DNA testing.

At the motion hearing the family court refused to find that Mr. Sheppard committed fraud. However, concerned about irregularities in the test, the court ordered new DNA testing.  Mr. Sheppard appealed and his trial counsel retained me to handle the appeal.

Typically orders awarding a new trial are immediately appealable and on appeal neither party challenged Mr. Sheppard’s right to appeal the lower court’s order.  However, after briefing and oral argument, the Court of Appeals dismissed his appeal.  It held that the lower court’s order did not actually reopen the case but merely required Mr. Sheppard to engage in discovery.  Because discovery orders are not immediately appealable, the Court of Appeals dismissed Mr. Sheppard’s appeal.

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Recent Blog Posts

Slightly modified Gandy opinion makes two small factual corrections

On March 20, 2024, the South Carolina Court of Appeals refiled its opinion in Gandy v. Gandy, making two minor factual adjustments. The

[ + ] Read More

Feature in International Business Times on Navigating Marital Challenges

A recent blog I wrote on consulting an individual counselor before consulting a divorce lawyer generated interest in the International Business Times, resulting

[ + ] Read More

Consider seeking judicial notice of what occurs in court

If more family law attorneys handled appeals they would likely consider using judicial notice during their trials.  Judicial notice can be used to

[ + ] Read More