DATE OF JUDGMENT: 04/30/96 TRIAL JUDGE: HON. HYDE RUST JENKINS II COURT FROM WHICH APPEALED: JEFFERSON COUNTY CHANCERY COURT
Before Sullivan, P.j., Banks And Mills, JJ.
The opinion of the court was delivered by: Mills, Justice
NATURE OF THE CASE: CIVIL - WILLS, TRUSTS AND ESTATES
DISPOSITION REVERSED AND REMANDED
MOTION FOR REHEARING FILED:
¶1. Edna Chambers Jackson as administratrix obtained a wrongful death settlement for the death of her son, Vincent Chambers. She then filed a complaint in Jefferson County Chancery Court to determine Chambers' heirs at law. Angella Brown, as mother and next friend of her infant child, Shabaz Monet Brown, came forth claiming that Chambers was Shabaz's biological father. On April 3, 1996, the Jefferson County Chancery Court dismissed Brown's paternity claim with prejudice. Aggrieved, Brown appeals to this Court assigning as error the following issues:
I. WHETHER THE TRIAL COURT ERRED IN ALLOWING TESTIMONY OF WITNESSES WHOSE ADDRESSES HAD NOT BEEN FURNISHED TO BROWN DURING DISCOVERY.
II. WHETHER THE TRIAL COURT ERRED IN DISREGARDING BROWN'S EXPERT WITNESS'S PATERNITY TESTS.
III.WHETHER THE TRIAL COURT ERRED IN ALLOWING WITNESSES WHO WERE IN THE COURTROOM AFTER "THE RULE" WAS INVOKED, TO TESTIFY.
IV. WHETHER THE TRIAL COURT ERRED BY ADMITTING IMPROPER CHARACTER EVIDENCE.
¶2. Angella Brown met Vincent Chambers in March of 1992. Angella and Vincent engaged in two acts of sexual intercourse, once in April 1992, and once in late May or early June 1992. Shabaz Monet Brown was born February 27, 1993.
¶3. Angella testified that during the conception period she was also having sex with Emmanuel Tenner. However, she claims that she had a menstrual period after her last act of intercourse with Tenner and before her second act of intercourse with Chambers. Angella asserts that she did not have sex with anyone else during the conception period. Three gentlemen, Rezon King, Robert Anderson, and Jelemiles Anderson, refuted Angella's testimony and stated that ...