Minton v. Weaver

OPINION

STATON, Judge.

Connie Minton appeals a jury verdict in favor of Marc Weaver with respect to her petition to establish the paternity of her child. Connie raises one issue on appeal: whether the jury’s verdict is clearly erroneous.

We reverse.

The evidence most favorable to the verdict reveals that Connie gave birth to her daughter, A.M., on January 10,1996. Connie married Mark Minton on December 15,1995, and remained married to him as of the date of A.M.’s birth. Both Connie and Mark Minton testified that they did not have sexual intercourse at any time during 1995.

On the other hand, both…