Shelby J.S. v. George L.H.

MILLER, Justice:

In this appeal from the dismissal of a paternity action, two key issues are raised. The first is whether the dismissal of a prior paternity action bars Shelby J.S., 1 the plaintiff below, from instituting a second paternity action against George L.H., the defendant below. The second issue is whether the ten-year statute of limitations under W.Va.Code, 48-7-4(a) (1983), precludes this action.

The facts in this appeal are fairly straightforward. The child was born on November 8, 1973. The mother instituted a paternity action on September 10, 1976, and then agreed to withdraw the…