State ex rel. Moran v. Rushman

The state appeals from a judgment that dismissed its petition to establish that respondent is the father of mother’s child.1 The court based its judgment on an order that granted summary judgment to respondent on the ground that a marriage dissolution judgment between respondent and mother precluded the state from establishing respondent’s paternity in this proceeding. We reverse.

The material facts are undisputed. Respondent and mother married on November 2, 1989, in anticipation of the impending birth of child, who was born on April 9,1990. The marriage was short lived, however, with…