Legal Opinion

Clark v. Kenley

Indiana Court of Appeals

Decided January 30, 1995No. 61A04-9408-JV-333PublishedCited by 14 opinions

1Opinion of the Court

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Mary Jo Clark (Mother) appeals from the trial court's interlocutory order denying her motion to dismiss the petition to establish paternity of Mother's son, D.D., which was filed by the Parke County Prosecuting Attorney, John R. Kenley.

ISSUE

Whether a county prosecutor may file a paternity action on behalf of a child pursuant to Ind.Code 31-6-6.1-8 when requested to do so by the child's alleged father, whose own action to establish paternity is barred by the two-year statute of limitations set forth in Ind.Code 81-6-6.1-67

FACTS

D.D. was born on October…

2Cases cited5 opinions

  1. United Rural Electric Membership Corp. v. Indiana & Michigan Electric Co.Indiana Supreme Court · 1990
  2. Allen Co. Department of Public Welfare v. Ball, Memorial Hospital Assoc., Inc.Indiana Supreme Court · 1969
  3. S v. v. Estate of BellamyIndiana Court of Appeals · 1991
  4. Goodman v. StateIndiana Court of Appeals · 1993
  5. Matter of Paternity of JJHIndiana Court of Appeals · 1994

3Cited by14 opinions

  1. State, Indiana Civil Rights Com'n v. INIIndiana Supreme Court · 1999
  2. In Re Visitation of JPHIndiana Court of Appeals · 1999
  3. Sullivan v. DayIndiana Court of Appeals · 1996
  4. Marsh v. Paternity of Rodgers Ex Rel. RodgersIndiana Court of Appeals · 1995
  5. Walker v. CampbellIndiana Court of Appeals · 1999

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