Levescy v. Crocker

CARVER, Justice.

Rita Levescy appeals from a judgment dismissing a paternity suit, filed by her on behalf of her minor son against James Crocker. The trial court held that the suit was barred by Tex.Fam.Code Ann. § 13.01 (Vernon Supp.1978-1979) which provides that a suit to establish paternity must be brought before the child is one year old. We conclude the suit was not barred, as section 13.01 cannot be applied retroactively, and reverse and remand.

The minor child was born out of wedlock on September 5,1974. Section 13.01 did not become effective until September 1, 1975. This proceeding was…