People ex rel. C.A.W.

KIRSHBAUM, Judge.

Defendant, G.N., appeals the trial court’s denial of his motion to vacate judgment in this paternity action. We reverse.

The following undisputed facts are disclosed by the record. On December 19, 1977, plaintiff, C.A.W., by B.W.A. (the mother) as next friend, filed a complaint against defendant in the Denver Juvenile Court for determination of paternity pursuant to § 19-6-101, et seq., C.R.S.1973. Defendant answered, denying the allegations in the complaint. At the time, defendant was not represented by counsel.

On January 19,1978, the mother executed an affidavit stating that…