Turner v. Butler

Phipps, Judge.

In 1998, Ardith Butler, the mother of a child born out of wedlock, brought this action against Dale Turner, the child’s father. Butler seeks damages based on the claim that Turner fraudulently misrepresented his income in a 1994 child support recovery action against him by the Department of Human Resources (DHR). The trial court denied Turner’s motion for a directed verdict, rejecting his argument that this action is barred because Butler has not set aside the consent judgment entered against him in the earlier action. We find merit in this argument and reverse the judgment…