P.N.B. BY J.L.S v. J.L.D.

No. 02A03-8804-CV-112.

531 N.E.2d 1203 (1988)

In the matter of the Paterni ty of: P.N.B. BY His Next Friend, J.L.S., Petitioner-Appellant, v. J.L.D., Respondent-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 17, 1989.


Attorney(s) appearing for the Case

Martin D. Hillery, Deputy Pros. Atty., Fort Wayne, for petitioner-appellant.

John B. Powell, Shambaugh, Kast, Beck & Williams, Fort Wayne, for respondent-appellee.


GARRARD, Presiding Judge.

This is a paternity action. The trial court granted summary judgment for the putative father on the ground that a prior proceeding instituted against him by the mother was res judicata.

With one exception this case squares with our decision in T.R. v. A.W. By Pearson (1984), Ind. App., 470 N.E.2d 95 (Garrard, J. dissenting). As in T.R., the mother commenced a paternity action...

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