Rose v. Stalcup

OPINION

FRANKS, Judge.

In this action, the plaintiff, a minor, seeks to establish a child-parent relationship with the deceased for the purposes of intestate succession pursuant to T.C.A., § 31-2-105.1 A jury determined the deceased was plaintiff’s father and the trial court entered judgment. Decedent’s executrix has appealed.

The executrix argues, since a petition to establish paternity pursuant to T.C.A., § 36-2-103 was filed in the Juvenile Court of Sevier County on behalf of plaintiff, the dismissal of that action is res judi-cata to the instant case. In the prior case, the issue of…