People Ex Rel. L'Minggio v. Parker

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

This is an appeal from the dismissal of a complaint with prejudice. The issue is whether section 24 of the Limitations Act (Ill. Rev. Stat. 1977, ch. 83, par. 24a) applies to permit the filing of a new paternity action within one year after the initial action was voluntarily dismissed by the plaintiff, where the two-year limitation period on paternity actions has expired in the interim.

On June 7,1974, appellant gave birth to a child. Within two years of the birth of the child, on December 19, 1975, appellant initiated a paternity…