Legal Opinion

Marsh v. Paternity of Rodgers Ex Rel. Rodgers

Indiana Court of Appeals

Decided December 12, 1995No. 10A05-9507-CV-286PublishedCited by 14 opinions

1Opinion of the Court

OPINION

BARTEAU, Judge.

Maynard Marsh appeals the trial court denial of his motion to dismiss a paternity action under Ind.Trial Rule 12(B)(6). His interlocutory appeal raises two issues, which we restate as follows:

1. Whether a Kentucky judgment dismissing with prejudice a paternity action against Marsh bars a subsequent Indiana paternity action brought by the child where the prior action was brought by the Commonwealth of Kentucky with the child's mother as relator; and

2. Whether a prior judgment dismissing a paternity action is a judgment on the merits where it was the result of a settlement…

2Cases cited7 opinions

  1. Estate of Nye v. First National BankIndiana Court of Appeals · 1973
  2. Indiana & Michigan Electric Co. v. Terre Haute Industries, Inc.Indiana Court of Appeals · 1984
  3. Clark v. KenleyIndiana Court of Appeals · 1995
  4. Smith v. National Liquors, Inc.Indiana Court of Appeals · 1973
  5. J.D. v. E.W. ex rel. C.W.Indiana Court of Appeals · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Hall v. LalliArizona Supreme Court · 1999
  2. Small v. Centocor, Inc.Indiana Court of Appeals · 2000
  3. Borgman v. AikensIndiana Court of Appeals · 1997
  4. Hermitage Insurance Co. v. SaltsIndiana Court of Appeals · 1998
  5. Lanny B. v. Marion County Department of Child ServicesIndiana Court of Appeals · 2008

9 more not listed; retrieve them via the Exa API.

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