WALKER v. WALKER

No. 8214DC884.

306 S.E.2d 485 (1983)

Mary F. WALKER, Plaintiff, v. Charles F. WALKER, Defendant, and United States of America, Garnishee.

Court of Appeals of North Carolina.

September 6, 1983.


Attorney(s) appearing for the Case

Law firm of Eric C. Michaux by Eric C. Michaux and Robert Brown, Jr., Durham, for plaintiff-appellee.

Powe, Porter & Alphin, by N.A. Ciompi and William E. Freeman, Durham, for defendant-appellant.


EAGLES, Judge.

The defendant first assigns as error the denial of defendant's 21 May 1982 motion to dismiss. He alleges that the action filed by plaintiff on 16 February 1978, and its subsequent dismissal with prejudice on 19 July 1978, acted as res judicata in the later action filed by plaintiff on 4 March 1982. A prior action concerning child support is res judicata only as long as the circumstances existing at the time of the prior action have remained...

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