FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE,
NO. 69, 159 HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE
D. Brandon, Brandon Law Firm COUNSEL FOR DEFENDANT/APPELLEE:
Dorothy Mae Clay, in re Estate of James P Green
composed of Sylvia R. Cooks, Shannon J. Gremillion, and Van
H. Kyzar, Judges.
SHANNON J. GREMILLION, JUDGE.
the judgment of the trial court that maintained the exception
of no right of action filed by Appellee, Dorothy Mae Clay
(Mrs. Clay), Appellants filed the instant appeal. For the
reasons that follow, we affirm in part, reverse in part, and
remand the matter for further proceedings.
matter involves the succession of James Paul Green (Mr.
Green), who died in 2014. Appellants, James Paul Perry (Mr.
Perry) and his daughter, Yvette Perry (Ms. Perry), sought to
be recognized as Mr. Green's father and sister,
respectively, when, on August 20, 2018, they filed a Rule to
Show Cause contesting the propriety of Mrs. Clay's
administration of Mr. Green's succession. Mr. Perry
asserted that he fathered Mr. Green, Mr. Green's brother,
Michael McClanahan, and Mr. Green's sister, Laura Ann
Green, during an extra-marital affair between himself and Mr.
Green's mother, Mrs. Clay, who was married to James
Charles Green during the pertinent period. Mr. Perry's
testimony on this point was corroborated by his ex-wife,
Estella Patton, who was aware at the time of Mr. Perry's
relationship with Mrs. Clay, and by three of his biological
children fathered with Mrs. Patton. Mr. Perry's paternity
of Mr. Green was disputed by Mr. Green's sister, Lenora
Clay answered the rule with exceptions of no cause of action
and no right of action. The trial court maintained the
exception of no right of action and denied the exception of
no cause of action. This appeal ensued.
establishes the presumption that the husband of the mother is
the father of the child born during the marriage. La.Civ.Code
art. 185. Thus, Mr. James Charles Green is presumed to be Mr.
Green's father. The law also establishes
peremptive periods within which a putative
biological father may seek filiation of a child. Louisiana
Civil Code Article 198 provides:
A man may institute an action to establish his paternity of a
child at any time except as provided in this Article. The
action is strictly personal.
If the child is presumed to be the child of another man, the
action shall be instituted within one year from the day of
the birth of the child. Nevertheless, if the mother in bad
faith deceived the father of the child regarding his
paternity, the action shall be instituted within one year
from the day the father knew or should have known of his
paternity, or within ten years from the day of the birth of
the child, whichever first occurs.
In all cases, the action shall be instituted no later than
one year from the day of ...