In re K.B.S. - In the Court of Appeals Ninth District of Texas at Beaumont

In re K.B.S.

By In the Court of Appeals Ninth District of Texas at Beaumont

  • Release Date: 2005-08-11
  • Genre: Law

Description

Appellant, Marvin E. Runnels, filed a petition to adjudicate parentage seeking to establish his paternity of K.B.S. Filed in a pre-existing cause, the petition alleged the trial court was the court of continuing jurisdiction and Runnels had standing to bring a parentage action. The adoptive parents filed a "Special Appearance and Answer," alleging that cause number 10243 had been sealed by the Court, and requesting dismissal of the suit on statute of limitations grounds. Without taking evidence, but apparently informed of the prior sealed proceedings in the matter -- including the adoption order signed in 1996 establishing the parent-child relationship between the adoptive parents and the child -- the trial court dismissed the cause with prejudice. We hold that the appellees entered a general appearance, but also hold that the appellant affirmatively negated his cause of action in his pleadings by pleading a cause of action that is barred by limitations. Accordingly, we affirm the judgment.

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