Modisette v. Phillips

1,GASKINS. J.

One of the defendants in this case, Steven Mark Smith, appeals the trial court’s ruling that his action for disavowal of paternity has prescribed. For the following reasons, we affirm.

FACTS

In 1984, Vicky Lynn Modisette and Steven Mark Smith were married. In February 1987, they separated and never reconciled. In January 1988, Ms. Modisette filed a petition for divorce, and on March 8, 1988, a judgment of divorce was granted. At the time of the divorce, the couple had no children. On June 30, 1988, Ms. Modisette gave birth to James Troy Smith. During the time in which the child was…