State, Department of Revenue ex rel. Knight v. Simms

NORTHCUTT, Judge.

The Department of Revenue has appealed the trial court’s order setting aside a previously-entered final judgment of paternity. We treat the department’s appeal as a petition for writ of certiorari, and grant the petition1.

The department, on behalf of Elizabeth Knight, filed a complaint to determine the paternity of her child and to establish the father’s child support obligation. The complaint alleged that Willie Simms was the child’s father. Simms was personally served with process on October 6, 1994. He failed to file any responsive pleadings, and the clerk entered a…