State Ex Rel. Lowry v. Carter

RONALD R. HOLLIGER, Presiding Judge.

The Department of Social Services, Family Support Division, appeals a trial court judgment setting aside a 1993 default paternity judgment against Richard Carter. The trial court set aside the paternity judgment on the basis that it was obtained through extrinsic fraud. On appeal, the Division argues that Carter’s motion to set aside the judgment failed to state a claim for relief, that the trial court’s order setting aside the default judgment was precluded by Carter’s post- judgment neglect and inattention- to the case, and that the evidence presented was…