Benton v. Benton

In this appeal from a non-final order granting relief from judgment, Husband argues the trial court erred in setting aside the judgment, because there was no finding of fraud. We reverse and remand.

Here, the parties initially agreed to a proposed consent final judgment that provided for rotating custody, no child support or alimony, and found the parties had divided their liabilities and assets. The original trial judge refused to enter this proposed consent final judgment. This judge subsequently entered a second proposed consent final judgment that provided Husband with primary physical…