P.N.B. ex rel. J.L.S. v. J.L.D.

GARRARD, Presiding Judge.

This is a paternity action. The trial court granted summary judgment for the putative father on the ground that a prior proceeding instituted against him by the mother was res judicata.

With one exception this case squares with our decision in T.R. v. A.W. By Pearson (1984), Ind.App., 470 N.E.2d 95 (Garrard, J. dissenting). As in T.R., the mother commenced a paternity action against the appellee prior to the 1979 repeal of IC 31-4-1-1 et seq. and its replacement by IC 31-6-6.1-1 et seq. The latter statute for the first time makes the child a necessary party and permits…