State ex rel. Department of Health & Human Resources, Office of Family Security v. Duvigneaud

LANDRIEU, Judge.

We are asked to decide whether plaintiff’s petition seeking to nullify a judgment which dismissed with prejudice her paternity action was itself properly dismissed on an exception of prescription. We reverse and remand for consideration of the merits of the nullity action.

FACTS:

After the State of Louisiana through the Department of Health and Human Resources brought suit on March 24, 1988 to establish the paternity of the minor child, Jovan Lymuel, the child’s mother, Patricia Lymuel, retained as private counsel, Joseph LaHatte. Mr. LaHatte filed a motion to set the matter for…