Butler v. Turner

I concur in the majority’s ruling in Division 1 that Ms. Butler was not a privy of DHR and, thus, that res judicata does not preclude an action for fraud and deceit. However, I do not agree that this lawsuit is an available means for her to seek damages arising out of Turner’s alleged misrepresentations. Therefore, I dissent to Division 2 and to the reversal of the judgment of the Court of Appeals.

Ms. Butler alleges that Turner fraudulently misrepresented his income in DHR’s previous child support action, so that the child support judgment entered against him was much less than his actual…