STATE v. HORTON

Civ. 1569.

373 So.2d 1093 (1979)

STATE of Alabama v. Earl HORTON.

Court of Civil Appeals of Alabama.

Rehearing Denied February 7, 1979.


Attorney(s) appearing for the Case

William J. Baxley, Atty. Gen., Mary Lee Stapp, and Clyde P. McLendon, and Roger J. Burnett, Asst. Attys. Gen., Legal Services, State Dept. of Pensions and Security, Montgomery, for the State of Alabama.

Roscoe Roberts, Jr., of Watts, Salmon, Roberts, Manning & Noojin, Huntsville, for appellee.


HOLMES, Judge.

This is a paternity suit.

The State appeals from an order of the Circuit Court of Madison County granting defendant-Horton's motion to dismiss.

The dispositive issue on appeal is whether the trial court after an ore tenus hearing erred in granting defendant's motion to dismiss. We find that it did not and affirm.

Viewing the record with the attendant presumption, we find the following: The defendant is a life-time resident...

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