Tennessee Department of Human Services v. Patterson

OPINION

FONES, Justice.

The sole question involved on this appeal is whether, after transfer of a paternity suit to the circuit court for a jury trial on the issue of paternity, the alleged father may plead the limitation period provided in T.C.A. § 36-224(2) and the saving statute, T.C.A. § 28-106, in bar of suit.

The child of Evangeline Edwards was born February 5, 1965. The petition to establish paternity now pending was filed February 21, 1977. Two prior petitions were dismissed for failure to prosecute, the second dismissal occurring more than one year prior to the filing of the third…