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UDOMEH v. JOSEPH

No. 2011-C-2839.

103 So.3d 343 (2012)

Fidel UDOMEH, individually and on behalf of The Estate of the Minor Child, S.U. v. Sandra JOSEPH, et al.

Supreme Court of Louisiana.

Rehearing Denied November 30, 2012.

Attorney(s) appearing for the Case

Joseph R. Joy, III , Gordon J. Schoeffler , Joseph Joy & Associates, Lafayette, for Applicant.

James D. Caldwell , Attorney General, Laura Lee Putnam , Assistant Attorney General, Francis X. Neuner, Jr. , Jennie Porche Pellegrin , Laborde & Neuner, Lafayette, for Respondent.

KNOLL, Justice.

This civil case presents the issue of whether an alleged biological father may bring a wrongful death and survival action for his illegitimate child, where the father has not filed a timely avowal action, but filed his wrongful death and survival petition asserting his paternity within the peremptive period of La. Civ.Code art. 198. In resolving this issue, we are called upon to decide whether the filiation requirements of La. Civ.Code art. 198 apply...

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