South Carolina Department of Social Services v. Foggie

Lewis, Chief Justice:

This appeal is from an order of the lower court dismissing appellant’s petition as assignee, of the mother’s rights, to determine paternity of, and to establish a support obligation for, a minor child born out of wedlock. The contention of appellant was that respondent was' the father of the child. The lower court dismissed the petition on the ground that an alleged prior action to determine paternity was res judicata and barred the present action. We reverse.

While the record shows that the mother of the child, whose rights were assigned to appellant, brought a paternity…