Dobyns v. Phillips

Plaintiff Heather Dobyns appeals from the dismissal of her paternity action against Kevin Phillips. We reverse and remand.

Dobyns, individually and as next friend of S.D., filed a paternity action against Kevin Phillips. The action was initiated on her behalf by the St. Louis Circuit Attorney’s office. Dobyns, through an assistant circuit attorney, filed a motion to compel a blood test to which Phillips consented. The court signed a consent order by which all discovery was stayed until the test results were known. On January 31, 1996, a court memorandum was filed which provided: “Blood and DNA…