Jimmy D. Miller, Plaintiff-Appellant v. Judy A. Miller A/k/a Judy Hall, Bill Hall, and Nora Hall, Defendants-Appellees

Summary

The court held that the plaintiff's petition adequately stated claims for fraudulent inducement to marry and intentional infliction of emotional distress, and that the paternity-presumption statute and preclusion doctrines did not require dismissal. It held, however, that the plaintiff could not obtain restitution of child-support payments made under a valid, unreversed divorce judgment because the alleged fraud did not constitute extrinsic fraud warranting equitable relief. The Court of Civil Appeals' opinion was vacated, the dismissal was reversed in part and affirmed in part, and the case was remanded.