Purcell v. Bellinger Ex Rel. A.G.B.

OPINION

The issue in this case is whether a New York order dismissing with prejudice a mother’s petition for paternity precludes a subsequent paternity suit in Texas brought by the mother as next friend of the child. We hold that the doctrine of res judicata bars the second suit. Accordingly, we reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Carmen Bellinger gave birth to a child out of wedlock, and she subsequently filed a paternity suit in family court in New York, in her individual capacity only, alleging that Gerard Purcell was the biological father…