Brundage v. Foye

Judge Johnson

dissenting.

I respectfully dissent from the first issue discussed in the majority’s opinion. I believe the trial judge properly declined to set aside the consent judgment as to defendant Robert Foye.

The judgment which the trial court signed 5 August 1992, based on the representations of defendants’ attorney in open court on 13 July 1992 during which time defendant Robert Foye was present, stated “that the plaintiffs have judgment against the defendants, Robert L. Foye and wife, Wilma B. Foye, jointly and severally, in the amount of One Hundred Ten Thousand and 00/100 Dollars…