Wolfe v. Geno, Docket No. 59696

• Decision Date: 06 May 1983
• Docket Number: Docket No. 59696
• Citation: 332 N.W.2d 457,122 Mich.App. 250
• Parties: Kathleen WOLFE, Plaintiff-Appellant, v. David P. GENO, Defendant-Appellee. 122 Mich.App. 250, 332 N.W.2d 457
• Court: Court of Appeal of Michigan — District of US

Page 457

332 N.W.2d 457

Kathleen WOLFE, Plaintiff-Appellant, v. David P. GENO, Defendant-Appellee.

Docket No. 59696.

122 Mich.App. 250, 332 N.W.2d 457

Court of Appeals of Michigan.

Submitted Oct. 7, 1982.

Decided Dec. 21, 1982.

Released for Publication May 6, 1983.

[122 MICHAPP 250] Roy DeGesero, Asst. Pros. Atty., for plaintiff.

[122 MICHAPP 251] Before BEASLEY, P.J., and KELLY and WHITE ^*, JJ.

PER CURIAM.

Plaintiff brought this paternity action against defendant on March 3, 1981, on behalf of her child, who was born on February 2, 1973. Defendant denied paternity and moved for accelerated judgment, raising the six-year statute of limitations, M.C.L. Sec. 722.714(b); M.S.A. Sec. 25.494(b). Following a hearing, the trial court granted defendant's motion and dismissed plaintiff's action. Plaintiff appeals as of right.

We reject plaintiff's argument that the limitation period of the paternity act, six years, violates the equal protection clause of the state and federal constitutions. Shifter v. Wolf, 120 Mich.App. 182, 327 N.W.2d 429 (1982).

Further, under the clear language of the statute, an acknowledgment of paternity by a defendant must be "in writing" in order to toll the running of the limitation period. M.C.L. Sec. 722.714(b); M.S.A. Sec. 25.494(b).

Affirmed.

* William S. White, 2nd Judicial Circuit Judge, sitting on Court of Appeals by assignment pursuant to Const.1963, Art. 6, Sec. 23, as amended 1968.