Ferguson v. Ferguson

Opinion

STEPHENS, Acting P. J.

This is an appeal from a summary judgment for defendant in a paternity action; the action was filed June 20, 1979, and judgment entered August 5, 1980. Derek is the minor who seeks to establish Thomas as his natural father. Derek’s mother is Shirley, and at the time of Derek’s conception and birth she was lawful ly married to Robert 1 and cohabiting with him. The issue to be determined is whether Derek was entitled to obtain an HLA test of Thomas and to produce the result in evidence if it established paternity. The trial court had denied without prejudice motions…