South Carolina Court Case: Brown v. Malloy

William T. Brown, III, Appellant, v. Amy Malloy, James F. Thompson, d/b/a Thompson & Sinclair, and John and Jane Doe, of whom Amy Malloy and Jane and John Doe are, Respondents. 

Opinion No. 3339 

COURT OF APPEALS OF SOUTH CAROLINA 

345 S.C. 113; 546 S.E.2d 195 

February 6, 2001, Heard 

April 30, 2001, Filed 

Appeal From Anderson County. Robert S. Armstrong, Family Court Judge. 

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. 

Diane S. Riley, of Greenville, for appellant.

Edgar H. Long, of Long & Smith, of Anderson; J. Franklin McClain, of Glenn, Haigler, Maddox & McClain, of Anderson; and Susan B. Lipscomb, of Nexsen, Pruet, Jacobs & Pollard, of Columbia, all for respondents. 

JUDGES:
HOWARD, J. CONNOR and HUFF, JJ., concur. 

HOWARD, J.
William T. Brown III brought this suit against Amy Malloy, James F. Thompson, Thompson & Sinclair, and John and Jane Doe (collectively, "Respondents") to set aside the order terminating his parental rights and granting the adoption of his daughter by John and Jane Doe ("the adoptive parents"). Brown asserts, among other things, that he was not provided adequate notice of the proceedings through publication of a "John Doe" Notice of Adoption. The family court determined the Order of Publication in the adoption proceeding was not procured by fraud or collusion, and the affidavit in support of the order was not defective on its face. Based upon this conclusion, the court upheld the adoption. Brown appeals, asserting the family court erred in its factual determinations and in limiting the scope of the hearing to the issue of whether the Order of Publication was procured by fraud or collusion, or was based upon a facially defective affidavit. We affirm in part, reverse in part, and remand for further proceedings.
FACTS/PROCEDURAL HISTORY
Brown is a resident of Orange County, California. In 1997, Brown and Malloy were employed at a chain restaurant in Los Angeles County, California. They began an intimate relationship in June 1997 and for a short time lived together in Brown's residence. During her stay, Malloy became pregnant with Brown's child and advised him of this fact. She then left Brown's residence and resumed living with her fiance in Los Angeles County in August or September 1997. Malloy returned to her parents' South Carolina residence in January 1998 and began working at another restaurant in the same chain.
A daughter was born to Malloy on March 11, 1998. Two days later, Malloy relinquished her parental rights and consented to the adoption of the child. She signed an affidavit in which she refused to name the father but stated that he resided in Los Angeles County, California. Malloy averred that the biological father had neither openly held himself out to be the father of the child nor offered support for the child during the six months preceding her birth.
Brown claims he was unable to locate Malloy until June 1998, at which time she led him to believe their daughter lived with her. She sent him pictures of the child and requested $ 1,000 for child support. Brown sent Malloy $ 400.
In the meantime, unbeknownst to Brown, the adoptive parents had filed adoption proceedings on April 13, 1998. By order dated April 17, 1998, the family court directed that service on the father be accomplished by publication of the notice of adoption proceedings in a newspaper of general circulation in Los Angeles County. The notice referred to all parties only by fictitious names. Brown did not appear at the hearing to defend. On August 13, 1998, the family court terminated the parental rights of the biological parents and approved the adoption of the child.