DEPARTMENT OF REVENUE v. LaFRATTA


408 Mass. 688 (1990)

562 N.E.2d 1352

DEPARTMENT OF REVENUE vs. PHILLIP LaFRATTA.

Supreme Judicial Court of Massachusetts, Middlesex.

November 27, 1990.


Attorney(s) appearing for the Case

Rosanna Cavallaro, Special Assistant Attorney General, for the plaintiff.

Jeffrey L. Baler (Richard J. Vita with him) for the defendant.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.


NOLAN, J.

We are asked to explicate the relationship among a statute now repealed (G.L.c. 273, § 12), the current statute dealing with paternity adjudications (G.L.c. 209C, § 22 [d]), and art. 30 of the Massachusetts Declaration of Rights. Specifically, at issue is whether the District Court properly dismissed the Department of Revenue's (department's) paternity and support action under G.L.c. 209C, because of an earlier "dismissal with prejudice...

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