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GA Motion to Dismiss Reversed – Trial Court Considered Other Evidence

Posted Feb.15, 2010 by CJ Remboldt, under Appeal, Jurisdiction

 Appeal, Jurisdiciton

Grant of defendant’s motion to dismiss, REVERSED; when trial court considered matters outside pleadings, such as affidavits and testimony from underlying divorce proceedings, it converted motion to dismiss into motion for summary judgment and plaintiff was entitled to hearing following his timely request.

Fitzpatrick v. Harrison, A09A1409 (10/30/09)

From:  Fulton County Daily Report (11/30/2009)

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GA Grants of Wife’s Motion To Set Aside Default Judgment

Posted Feb.06, 2010 by CJ Remboldt, under Appeal, Divorce

 Appeal, Divorce

GA Grant of wife’s motion to set aside default judgment in parties’ divorce case, AFFIRMED, under right for any reason rule; OCGA 19-5-8 prohibits default judgments in divorce, alimony and child custody actions.

Harold v. Harold, S09A1854 (11/09/09)

From:  Fulton County Daily Report (11/20/2009)

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