A 2008 case was heard by the Dallas Court of Appeals where the attorney general filed suit to establish child support
from an alleged father. The father filed an answer and asserted the statute of limitations as an affirmative defense and asked the court to deny genetic testing. The trial court entered an order dismissing the suit with prejudice and the attorney general appealed.
Following the Austin Court of Appeals, the Dallas Court held that procedurally there is no device such as a MTD under the rules of civil procedure and that in this case, a motion for summary judgment on the limitations defense
would have been the appropriate tool for the father to obtain relief.
Because proper procedures were not followed, the COA reversed and remanded the cause back for further proceedings.