Trial court’s determination in this action in equity that petitioner failed to exercise reasonable diligence in pursuing her equitable claim, affirmed; petitioner stated that alleged settlement agreement was supposed to have been incorporated in her divorce decree, but she failed to take any action to remedy that omission for 12 years, she took no action for five years after alleged pension payments became due but were not paid, she failed to act when payments she alleged were made under agreement were reduced in amount and paid only sporadically and she waited additional two years after alleged pension payments stopped altogether to bring this action seeking equitable relief in form of constructive trust.
Davis v. Davis, A10A2195 (07/06/11)
Fulton County Daily Report, July 22, 2011