LEVESCY v. CROCKER

No. 19979.

585 S.W.2d 337 (1979)

Rita Rochelle LEVESCY, Appellant, v. James F. CROCKER, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied August 7, 1979.


Attorney(s) appearing for the Case

Warren Hays, Law Offices of Jack Napier, Dallas, for appellant.

Toby L. Gerber, Berman, Fichtner & Mitchell, Dallas, for appellee.

Before ROBERTSON, CARVER and STOREY, JJ.


CARVER, Justice.

Rita Levescy appeals from a judgment dismissing a paternity suit, filed by her on behalf of her minor son against James Crocker. The trial court held that the suit was barred by Tex.Fam.Code Ann. § 13.01 (Vernon Supp.1978-1979) which provides that a suit to establish paternity must be brought before the child is one year old. We conclude the suit was not barred, as section 13.01 cannot be applied retroactively, and reverse and remand.

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