Hayes v. Smith

480 A.2d 425, 194 Conn. 52, 1984 Conn. LEXIS 660
CourtSupreme Court of Connecticut
DecidedJuly 24, 1984
Docket12316
StatusPublished
Cited by132 cases

This text of 480 A.2d 425 (Hayes v. Smith) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. Smith, 480 A.2d 425, 194 Conn. 52, 1984 Conn. LEXIS 660 (Colo. 1984).

Opinions

Arthur H. Healey, J.

This action to determine paternity was brought by verified petition dated February 26,1982, pursuant to General Statutes § 46b-160.1 The plaintiff, June M. Hayes, alleged that she had been a single woman for more than one year prior to the action; that on January 28, 1982, she had given birth to a child, Perry Allyn Hayes, who was conceived on or about April 17,1981, fathered by Gary Ernest Smith, who has since died; and that on December 15, 1981, Lillian M. Smith qualified as administratrix of his estate in the Probate Court for the district of New London.

The administratrix filed a motion to dismiss the action pursuant to Practice Book §§ 142 and 143 (1), main-[54]*54taming that the Superior Court lacked jurisdiction because the paternity action was brought against the defendant as the administratrix of the alleged father’s estate and, since a paternity action does not survive the death of the alleged father, it cannot he against the personal representative of his estate. Shortly thereafter, the plaintiff sought to amend her prayers for relief to seek only an establishment of paternity and the issuance of “such orders as will charge the Estate with the legal rights of [the] child . . . .” The court granted the motion to dismiss and this appeal followed.2

In its decision on the motion to dismiss, the trial court described the issues to be whether Connecticut statutes require a determination of paternity during the lifetime of the putative father, and if such a determination is required, whether that requirement passes constitutional muster. In concluding affirmatively in each instance, it found the language of § 46b-160 plain and unambiguous in providing that a summons be issued to the “putative father” to appear in court to show cause why the prayer of the plaintiff’s petition should not be granted. The court decided that because this statute was in derogation of the common law, it was therefore required to be strictly construed. It also noted that § 46b-160 contained no express provision for survival of the action after the death of the putative father. The trial court pointed out that courts in other jurisdictions have held that where the putative father dies before a paternity action is brought, the action does not survive even where there is a general statute providing for the survival of actions. In that regard, it observed that our general survival of actions statute; General Statutes § 52-599;3 contained no clause [55]*55that could arguably “save” this action. The trial court stated that some other courts have held that a general statute for survival of actions does not affect a statutory right of action because the saving clause that permits survival must be contained in the statute itself. Eschewing what it regarded as the plaintiffs invitation to legislate judicially, it found that under Connecticut law, “an action to determine paternity does not survive the death of the putative father and that such an action may not be maintained against his estate.”

The plaintiff claimed below that it was necessary to construe § 46b-160 to allow commencement of the paternity suit against the putative father’s estate in order for her to establish paternity under § 45-274 (b)4 and that to construe the statute otherwise denied her child equal protection of the laws. In rejecting this claim, the trial court referred to the recent United States Supreme Court cases of Lalli v. Lalli, 439 U.S. 259, 99 S. Ct. 518, 58 L. Ed. 2d 503 (1978), and Trimble v. Gordon, 430 U.S. 762, 97 S. Ct. 1459, 52 L. Ed. 2d 31 (1977), and concluded that the Connecticut statu[56]*56tory requirement that paternity actions be commenced before the death of the putative father passed constitutional muster because the statutory classification was substantially related to legitimate state interests. The court determined that such state purposes included “its interest in the reliability of the fact-finding process, in preventing spurious claims and in preventing the decedents’ estates from being placed at an unreasonable disadvantage in defending paternity claims.” We find no error.

On appeal, the plaintiff claims that the “only method” of establishing paternity by a court of competent jurisdiction is that “mandated” by § 46b-160.5 The plaintiff seems to argue that while the first part of § 46b-160, which requires that a paternity action must be insti[57]*57tuted by verified petition, is substantive, the balance of that statute is procedural and will not bar the action in this case. She maintains that by virtue of the 1978 amendment to § 45-2746 “the means of establishing paternity have been enlarged to include proceedings in the Estate of the deceased [alleged] father that are now IN REM . . .” and not in personam proceedings. She asserts that her paternity claim in this case “impinge[d] upon [a] ‘court of competent jurisdiction’ ” under § 45-274 (b). Additionally, she claims that the issue of paternity survives the putative father’s death and does not come within the exception in the survival statute, i.e., § 52-599. To hold that the death of the putative father bars the paternity action would, she asserts, deprive the child of the right of establishing paternity through this mother, thus contravening the child’s right to equal protection of the laws and due process of law under both the United States and Connecticut constitutions.

In turning to the plaintiff’s claims on statutory construction, we recognize certain settled tenets of statutory construction. “A cardinal rule of statutory construction is to construe statutes in a manner which gives effect to the apparent intention of the legislature. Robinson v. Unemployment Security Board of Review, 181 Conn. 1, 6, 434 A.2d 293 (1980) (citations omitted). ‘It has often been said that the legislative intent is [58]*58to be found not in what the legislature meant to say, but in the meaning of what it did say. Wiegand v. Heffernan, 170 Conn. 567, 581, 368 A.2d 103 (1976); Colli v. Real Estate Commission, 169 Conn. 445, 452, 364 A.2d 167 (1975); Sillman v. Sillman, 168 Conn. 144, 148, 358 A.2d 150 (1975).’ Muha v. United Oil Co., 180 Conn. 720, 730, 433 A.2d 1009 (1980). Where the language used is clear and unambiguous, we will not speculate as to some supposed intention. Robinson v. Unemployment Security Board of Review, supra. . . . Further, in construing statutes, we presume that there is a purpose behind every sentence, clause, or phrase used in an act and that no part of a statute is superfluous. State v. Grant, 176 Conn. 17, 20, 404 A.2d 873 (1978); Catino v. Board of Education, 174 Conn. 414, 418, 389 A.2d 754 (1978).” Waterbury Petroleum Products, Inc. v. Canaan Oil & Fuel Co., Inc., 193 Conn. 208, 231-32, 477 A.2d 988 (1984). “[I]n the absence of ambiguity, courts cannot read into statutes, by construction, provisions which are not clearly stated;

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Bluebook (online)
480 A.2d 425, 194 Conn. 52, 1984 Conn. LEXIS 660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-smith-conn-1984.