Eadie v. Bohatch

I dissent from the majority decision because I do not agree that we should permit the entry of a finding of paternity against Appellant as a sanction for failing to comply with an order for blood tests. The trial court granted Appellee’s motion for Summary Judgement, following Appellant’s refusing the test. Summary judgment presupposes that there are no factual issues in dispute. However, the ultimate factual issue, namely the paternity of the child, is still very much in dispute.

The majority improperly bases its decision on Smith v. Beard, 326 Pa.Super. 95, 473 A.2d 625 (1984). Smith is…