Aker v. State Ex Rel. Royster

This is a paternity case.

In August 1981, the defendant in a paternity action was adjudicated to be the father of the plaintiff-mother's child. In November 1984, the defendant filed what we determine to be an independent action under Rule 60 (b), Alabama Rules of Civil Procedure, to set aside the prior judgment of paternity because of an alleged fraud upon the court.

The mother filed an answer to the defendant's action and sought to dismiss the independent action.

The trial court dismissed the defendant's action on the grounds of res judicata, and the defendant appeals.

The defendant contends…