Dixon v. Pouncy

OPINION

COMPTON, Justice.

I. INTRODUCTION

Irvin Dixon appeals the superior court’s denial of his Civil Rule 60(b) motion to set aside the portion of a 1993 Decree of Divorce declaring him the father of C.D. and ordering him to pay child support. We conclude that the superior court abused its discretion when it relied solely on res judicata to deny Irvin’s Rule 60(b) motion. Because we cannot as a matter of law affirm the order denying Irvin’s Rule 60(b) motion on alternate grounds, we reverse it and remand for further proceedings.

II. FACTS AND PROCEEDINGS

Irvin Dixon and Francine Pounce1 married…