In the Interest of K.M.S.

In this suit to establish paternity, David Gernenz seeks to set aside a prior order adjudicating Christopher Smith to be the father of K.M.S. Gernenz asserted that Smith’s failure to notify him of the prior paternity proceedings denied him due process, but the trial court refused to set aside the order. Reversing the trial court’s judgment, the court of appeals concluded that Smith’s failure to give notice and serve citation on Gernenz in the earlier paternity suit violated Gernenz’s constitutional right to due process. 68 S.W.3d 61, 67-71.

In its opinion, the court of appeals “decline[d] to…