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ATTORNEY FOR APPELLANT: PHILLIP A. RENZ Carson Boxberger LLP Fort Wayne, Indiana

ATTORNEY FOR APPELLEE: RICHARD A. BROWN Prosecuting Attorney of Fulton County Rochester, Indiana

IN THE COURT OF APPEALS OF INDIANA
In the Matter of the Paternity of C.M.R., A Child Born Out of Wedlock ) ) )

No. 25A05-0612-JV-732

APPEAL FROM THE FULTON CIRCUIT COURT The Honorable Douglas B. Morton, Judge Cause No. 25C01-0503-JP-37

August 7, 2007

OPINION - FOR PUBLICATION

CRONE, Judge

Case Summary Kari Schenkel brings this interlocutory appeal from the trial court's order for the genetic testing of her and her two children to determine whether their deceased father, Joseph Miller, is the father of a third child, C.M.R. We vacate and remand. Issue We raise sua sponte the following dispositive issue: whether the order for genetic testing is void due to a failure to join necessary parties. Facts and Procedural History The relevant facts are undisputed. Miller lived with Schenkel from February 2000 until several months before his death in July 2002. Schenkel gave birth to two children during this time: As.M., born May 3, 2000, and Ai.M., born June 11, 2001. Schenkel initiated a paternity action in Huntington Circuit Court. Miller admitted to being the children's father, and paternity was established on April 12, 2002. A support order was entered as to As.M. and Ai.M., and Miller complied with that order. Miller died intestate on July 10, 2002. Jennifer Lee Randall gave birth to C.M.R. on December 21, 1999, at which time Miller and Schenkel were already involved in a relationship. On April 6, 2005, Randall filed with the trial court a petition to establish paternity alleging that Miller was C.M.R.'s father. 1 On June 28, 2005, Title IV-D prosecuting attorney Richard Brown ("the State") filed on

The copy of the petition in the appellant's appendix is signed and verified by Randall. Appellant's App. at 5. The chronological case summary ("CCS") indicates that Title IV-D prosecuting attorney Richard Brown entered his appearance on that date and filed the petition, id. at 1, but his name does not appear on the petition.

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C.M.R.'s behalf a motion for paternity testing using genetic samples from Miller's autopsy. The trial court granted the motion that same day. On July 7, 2006, the State filed another motion for genetic testing pursuant to Indiana Code Section 31-14-6-1. See Ind. Code

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