Wednesday, February 21, 2007

Public Policy Determinant is Key to Fernandez' Paternity Quest. What about Child Support?

Fernandez family asks to move case back to Kenedy courts

Family continues claim to John G. Kenedy Jr. Foundation holdings

By Barbara Ramirez/Caller-Times
February 21, 2007

Attorneys representing Ann F. Fernandez's family on Wednesday asked the 13th Court of Appeals for another chance at seeking its claim to the John G. Kenedy Jr. Foundation holdings.

The court was asked to give jurisdiction of the family's related cases back to a Kenedy County judge, whose jurisdiction was relieved in 2006 when 105th District Judge Manuel Banales opted to hear the cases.



On June 23, 2006, Banales rejected Ann Fernandez's claim to royalties on gifts to the John G. Kenedy Jr. Foundation in a summary judgement and issued a permanent anti-suit injunction, meaning that Fernandez and her family could not claim any part of the Kenedy estate or the John G. Kenedy Jr. Foundation and that decisions concerning the matter are restricted to 105th District Court.

According to attorneys for the Kenedy estates, the Fernandez's are asking the court to amend the Texas Consitution to allow nonmarital children to reopen and redistribute closed estates regardless of when the identity of the child's ancestor is discovered.

Ann Fernandez in 2001 filed a lawsuit claiming Kenedy ranch housekeeper Maria Rowland made a deathbed declaration that Kenedy was Ann Fernandez's biological father. Her son, Dr. Ray Fernandez, Nueces County medical examiner.

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