Miller v. Miller

SIMMS, Justice,

dissenting:

¶ 1 In my opinion the trial court correctly dismissed all plaintiffs claims for failure to state a cause of action and the Court of Appeals correctly affirmed that judgment. I would not have granted certiorari and I dissent to that portion of the majority’s opinion reversing the trial court’s judgment. In addition to it’s other failings, this “action” is merely a poorly disguised effort by plaintiff to do indirectly what he could not do directly since his paternity of this child is irrebuttable and conclusive. Title 10, O.S.1991, §§ 2, 3. See, e.g., David, V.R. v. Wanda J.D., 1995 OK 111, 907 P.2d 1025 (1995).

¶ 2 I am authorized to state that Justice HARGRAVE joins in the views expressed herein.