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McGOWAN v. POCHE

No. 13762.

393 So.2d 278 (1980)

Willie Mae McGOWAN, Individually and in her Capacity as Tutrix on Behalf of Mary Lee Wilson v. Joseph Milton POCHE.

Court of Appeal of Louisiana, First Circuit.

November 10, 1980.

Attorney(s) appearing for the Case

Nelson D. Taylor and Gail Horne Ray, Baton Rouge, for plaintiff-appellant Willie Mae McGowan, Individually and in her capacity as tutrix on behalf of Mary Lee Wilson.

Kenneth R. Williams and Stephen C. Riedlinger, Baton Rouge, for defendant-appellee Joseph Milton Poche.

Before ELLIS, COLE and WATKINS, JJ.

COLE, Judge.

The question raised by plaintiff in this appeal is res nova. The issue is whether the procedural device of summary judgment is available in a paternity suit in which blood tests are admitted as evidence or whether there must be a full trial with an examination of the expert who has performed the blood tests. We find the procedural device of summary judgment is not appropriate and therefore reverse and remand.

Plaintiff-appellant Willie Mae McGowan...

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