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Gribble v. Layton

Tex. App. Dist. 14

December 10, 2012

In this suit for a determination of parentage and child support, the trial court granted the appellee's motion to dismiss concluding that the statutory limitations provision found in the 1983 version of former Family Code §13.01 barred the suit. Texas Family Code §160.602 does not preclude a mentally disabled adult child from maintaining an action to determine parentage through a court-appointed guardian. The evidence supports a finding that the four-year limitations period has been continuously tolled by the child's legal disability of unsound mind. The trial court's judgment is reversed and remanded. Houston's 14th Court of Appeals, No. 14-11-00856-CV, 12-06-2012.

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