DOW v. GILROY

No. 950095-CA.

910 P.2d 1249 (1996)

Audrey Lynn Athay DOW, Plaintiff and Appellee, v. Frank Kenneth GILROY, Defendant and Appellant.

Court of Appeals of Utah.

January 19, 1996.


Attorney(s) appearing for the Case

Cass C. Butler, Callister, Nebeker & McCullough, Salt Lake City, for Appellant.

Phillip Kent Card, Salt Lake City, for Appellee.

Before BILLINGS, GREENWOOD and JACKSON, JJ.


OPINION

GREENWOOD, Judge:

Frank Gilroy filed this interlocutory appeal, challenging the trial court's denial of his motion to dismiss Audrey Dow's Petition for Paternity. Gilroy claims the petition is barred by the "catch-all" four-year statute of limitation. We agree and therefore reverse.

BACKGROUND

Because this is an appeal from denial of a motion to dismiss, all material allegations of the petition are taken as true, and we recite the...

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