Autrey v. Parson
| Docket Number: | 2002-CP-00309-COA Linked Case(s): 2002-CT-00309-SCT ; 2002-CP-00309-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 08-05-2003 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Determination of paternity - Statute of limitations - Section 93-9-9 - Section 15-1-49 Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Griffis, JJ. Non Participating Judge(s): Chandler, J. Procedural History: Dismissal Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 02-16-2002 Appealed from: Jackson County Chancery Court Judge: Glenn Barlow Disposition: GRANT OF DEFENDANT’S MOTION TO DISMISS Case Number: 2001-2610 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Tyres Frai' Aunt Autrey |
PRO SE |
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| Appellee: | Rudolph Lowell Parson | GARY L. ROBERTS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Determination of paternity - Statute of limitations - Section 93-9-9 - Section 15-1-49 |
| Summary of the Facts: | Tyres Frai’Aunt Autrey filed a complaint for paternity against Rudolph Lowell Parson. Parson filed a motion to dismiss which the court granted. Autrey appeals. |
| Summary of Opinion Analysis: | Autrey seeks a determination of paternity not for the purpose of enforcing his putative father's child support obligations, but for the purpose of knowing his ancestry. The legislative intent of section 93-9-9 was to provide a method for determining paternity of illegitimate children in order to enforce support. Since Autrey was twenty-nine at the time the complaint was filed, even if he had been successful in the court below, no child support could have been ordered since he is not a minor. The question then is, if, as here, the object of the paternity action is not the enforcement of a child support obligation but the establishment of paternity for other reasons, does the statute still apply, and if it does not, is there an applicable statute of limitations. There is no Mississippi case which is directly on point. It is not necessary to decide whether section 93-9-9 or section 15-1-49 is the applicable statute of limitations. Applying either, Autrey's suit is time barred and, given the most liberal interpretation of the statutes, would have been so barred after he attained the age of twenty-four years, calculated by adding the three years provided in section 15-1-49 to twenty-one years, the point in time when he attained his majority. |
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