Kirby v. Kirby

Carley, Judge.

Appellant brought a complaint in equity seeking to set aside a final judgment which granted him the adoption of appellee’s child. Appellant alleged that the adoption had been fraudulently procured by appellee’s misrepresentation concerning her child’s legitimacy. Appellant alleged that he would not have adopted the child had he known the true facts. The adoption decree was entered on December 8,1972. The complaint in equity was filed on January 7,1981, more than eight years later. Pursuant to appellee’s motion, the trial court dismissed the complaint and appellant appeals.

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