State Dept. of Public Welfare v. Martin
| Decision Date | 12 January 1978 |
| Docket Number | No. 5063,5063 |
| Citation | 562 S.W.2d 9 |
| Parties | STATE DEPARTMENT OF PUBLIC WELFARE, Appellant, v. Carl Anson MARTIN, Appellee. |
| Court | Texas Court of Appeals |
Robert N. Carter and David J. Adkins, State Department of Public Welfare, Abilene, Leland W. Greene, Dist. Atty., Snyder, for appellant.
Norman Arnett, Rotan, for appellee.
This is a summary judgment case. State Department of Public Welfare sought to establish paternity and support for an illegitimate child. The defendant, Carl Anson Martin, pleaded the one-year statute of limitations provided for in Texas Family Code, Section 13.01. The court sustained defendant's motion for a summary judgment. The State has appealed.
The State contends the limitation statute, Section 13.01 of the Texas Family Code, should not apply retroactively.
Section 13.01 requires suits to establish the parent-child relationship between a child who is not the legitimate child of a man and the child's natural father by proof of paternity must be brought before the child is one year old. This limitation statute became effective September 1, 1975.
The child, C.A.M.B., was born July 13, 1975. At the time this suit was filed, the child was one year, six months, and eighteen days old. This child was born prior to the effective date of the one-year limitation statute.
In Alvarado v. Gonzales, 552 S.W.2d 539 (Tex.Civ.App.-Corpus Christi 1977, no writ), the court said:
We are of the opinion Alvarado v. Gonzales, supra, supports the State's contention.
The judgment is reversed and remanded for trial on the merits.
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Texas Dept. of Human Resources v. Delley
...retroactively; it only applies to children born after September 1, 1975, the effective date of that provision. State Department of Public Welfare v. Martin, 562 S.W.2d 9 (Tex.Civ.App. Eastland 1978, no writ); Catchings v. Hamm, 560 S.W.2d 194 (Tex.Civ.App. Waco 1977, no writ); Alvarado v. G......
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Wynn v. Wynn, 1536
...writ). Also Texas Department of Human Resources v. Delley, 581 S.W.2d 519 (Tex.Civ.App. Dallas 1979, writ filed); State Department of Public Welfare v. Martin, 562 S.W.2d 9 (Tex.Civ.App. Eastland 1978, no We are of the opinion that a suit to establish the parent-child relationship of a chil......
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Perry v. Merritte
...(Tex.Civ.App.--Corpus Christi 1977, no writ); Catchings v. Hamm, 560 S.W.2d 194 (Tex.Civ.App.--Waco 1977, no writ); State Dept. of Public Welfare v. Martin, 562 S.W.2d 9 (Tex.Civ.App.--Eastland 1978, no writ); Prejean v. Prejean, 592 S.W.2d 660 (Tex.Civ.App.--Beaumont 1979, no Originally Se......
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Levescy v. Crocker
...5535 (Vernon Supp.1978-1979). We hold that the opinion in Delley controls the disposition of this appeal. See also State Department of Public Welfare v. Martin, 562 S.W.2d 9 (Tex.Civ.App. Eastland 1978, no writ); Catchings v. Hamm, 560 S.W.2d 194 (Tex.Civ.App. Waco 1977, no writ); Alvarado ......