No. 1 CA-CV 94-0276.

184 Ariz. 235 (1995)

908 P.2d 49

STATE of Arizona ex rel. the DEPARTMENT OF ECONOMIC SECURITY, (Rose Marie Soto), Petitioner-Appellee, v. James A. POWERS, Respondent-Appellant.

Court of Appeals of Arizona, Division 1, Department C.

November 30, 1995.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Mark E. Drury, Assistant Attorney General, Phoenix, for Petitioner-Appellee.

Les Miller & Associates, P.C. by Les Miller and Caron L. Cheney, Phoenix, for Respondent-Appellant.


FIDEL, Judge.

James A. Powers appeals from the trial court's denial of his motion to dismiss a paternity action brought by the State Department of Economic Security ("State"). Powers asserts that the State is collaterally estopped from asserting his paternity because, in her prior marital dissolution action, the mother asserted that she and Powers had no children and because the decree of dissolution neither...

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