Theresa I. Hinkle, Appellee,
Korey D. Jacobsen, Appellee, and Jody Rhorer, Intervenor and Appellant.
February 22, 2019
Certification from the Court of Appeals
District, Salt Lake The Honorable Andrew H. Stone No.
Theresa I. Hinkle, Salt Lake City, pro se
Colleen K. Coebergh, Salt Lake City, for appellee Korey D.
Pedrazas, Wade Taylor, Salt Lake City, for intervenor and
Justice Petersen authored the opinion of the Court, in which
Chief Justice Durrant, Associate Chief Justice Lee, Justice
Himonas, and Justice Pearce joined.
Jody Rhorer appeals the district court's determination
that he does not have standing to establish paternity of his
biological daughter under the Utah Uniform Parentage Act
(UUPA). But the district court also concluded that Rhorer had
abandoned his paternity claim entirely, and Rhorer did not
challenge this ruling in his opening brief. He has
consequently waived the issue, and we dismiss his appeal.
Theresa Hinkle (Mother) and Korey Jacobsen (Husband) married
in 2002 and then separated in 2005. In 2005, Mother and
Rhorer engaged in a relationship during which a child was
conceived and born. Because Mother and Husband were still
married at the time the child was born, Husband is the
child's presumed father under the UUPA. See Utah
Code § 78B-15-204(1)(a).
Mother and Husband began divorce proceedings in 2012. Rhorer
intervened in the divorce proceedings, alleging that he is
the biological father of the child. He filed multiple motions
including one to establish himself as the child's
biological father and another for a determination of
parentage. He asserted that he could establish his paternity
with genetic test results.
After briefing and proceedings before the commissioner, the
commissioner concluded that under the court of appeals'
interpretation of the UUPA in R.P. v. K.S.W., 2014
UT App 38, 320 P.3d 1084, Rhorer did not have statutory
standing to assert his paternity because the child had a
presumed father-Husband-and, under such a ...