Georgia Appeals Court Tosses Out Paternity Suit Against Garvey

An Atlanta woman’s paternity suit against former baseball player Steve Garvey has been thrown out by a Georgia appeals court, which ruled that judges in the state have no jurisdiction in the case.

Rebecka Mendenhall, an assignment editor for Cable News Network, filed suit in Fulton County Superior Court in 1989, alleging that Garvey fathered her son, born the previous October, and backed out of an agreement to marry her.

Garvey maintained that, since he lives in California and the child was conceived there, the Atlanta court should not have jurisdiction. A Superior Court judge last year rejected that argument, but the Court of Appeals agreed with Garvey in a decision this month.

The appeals court, in its March 6 decision, noted that the child was conceived in California and the reported agreement to marry was made there as well.

Writing for the court, Judge A.W. Birdsong Jr. wrote that Georgia’s paternity law clearly applies only to children conceived in this state.

Garvey was an all-star first baseman who played for the San Diego Padres and the Los Angeles Dodgers.

Attorneys for Mendenhall asked the court to reconsider, but their request was denied Monday.

Mendenhall’s attorney vowed to appeal the court’s ruling.

“We are in the position to file for . . . the Supreme Court of Georgia,” Lisa Radtke said. “If we are accepted, we will be filing an appeal.”

Richard K. Hines V, also an attorney for Mendenhall, said that if the Georgia Supreme Court does not overturn the decision, a suit will be filed in California.