83 CA 0421 Precedential Affirmed Processed

Lamana v. LeBlanc

Louisiana Court of Appeal, First Circuit · Filed February 28, 1984 · 449 So. 2d 31

Cited by

Smith v. Jones 566 So. 2d 408 La. Ct. App. 1st Cir. 1990
Lamana v. LeBlanc 558 So. 2d 685 La. Ct. App. 1st Cir. 1990
Lamana v. LeBlanc 526 So. 2d 1107 La. 1988
Lamana v. LeBlanc 515 So. 2d 622 La. Ct. App. 1st Cir. 1988

Authorities cited

Identified automatically; this list may not be exhaustive.

Fontenot v. Thierry 422 So. 2d 586
Fontenot v. Thierry 427 So. 2d 868

Opinion text

449 So.2d 31 (1984) Morris Michael LAMANA v. Virginia Teressa LeBLANC. No. 83 CA 0421. Court of Appeal of Louisiana, First Circuit. February 28, 1984. Rehearing Denied April 3, 1984. Writ Denied May 25, 1984. Wayne R. Crouch, Baton Rouge, for plaintiff-appellant Morris Michael Lamana. Georgia Wilemon, Baton Rouge, for defendant-appellee Virginia Teressa LeBlanc. Before COVINGTON, COLE and SAVOIE, JJ. *32 COVINGTON, Judge. Plaintiff, Morris M. Lamana, brought suit against defendant, Virginia T. LeBlanc, to be recognized as the father of defendant's infant son. The child was born within 300 days of defendant's divorce from Timothy J. Robillard. Robillard has not brought an action to disavow. Robillard was not made a defendant and no one was appointed to represent the child. The trial court sustained defendant's peremptory exception of no cause and no right of action and dismissed plaintiff's suit. Plaintiff has appealed the judgment. The issue presented to this Court, as it was to the trial court, is whether an alleged natural father has a right or cause of action to establish his paternity under LSA-C.C. art. 184, which presumption is now conclusive because of the failure of the husband of the mother to disavow paternity. This issue has been fully considered and decided adversely to plaintiff-appellant in Fontenot v. Thierry, 422 So.2d 586 (La. App. 3rd Cir.1982), writ denied, 427 So.2d 868 (La.1983). For the reasons expressed in Fontenot v. Thierry , the judgment appealed is affirmed at appellant's costs. AFFIRMED. COLE, J., concurs in the result.