$41,500 jury award to wife from proceeds of real property to which appellant held title in case involving wife’s divorce from appellant’s son, REVERSED; trial court ERRED in ruling that property in question was marital asset and denying appellant’s motion for directed verdict, j.n.o.v. and new trial, and in instructing jury regarding equitable division of property, since evidence showed that appellant’s son transferred property to appellant before wife filed for divorce; wife cited no case law in which Court has recognized right to pursue equitable division of property titled in person other than one of spouses, without title to that property first being brought into estate of one of divorcing parties by determination that fraudulent conveyance has occurred; though divorcing spouse, who believes that property transferred away from other spouse is still subject to equitable division, can seek recourse, it is incumbent upon such spouse to pursue those avenues which wife here did not; all of appellant’s remainng enumerations of error were moot.

Armour v. Holcombe, S10F0946 (10/18/2010), 10 FCDR 3333.

From:  Fulton County Daily Report (10/29/2010)

Order awarding mother child support and providing father with certain visitation rights, AFFIRMED; absent transcript, trial court’s judgment was presumably correct; appellant failed to support his first claim with citation to authority or argument.

Sebby v. Costo, A07A2138 (03/05/08), 08 FCDR 795

Fulton County Daily Report, 03/21/2008

Denial of husband’s motion to set aside judgment in parties’ divorce case and his motion for new trial, AFFIRMED 5-2; evidence presumably supported trial court’s ruling in absence of transcription, and in any event, wife, in her pro se response, directly challenged husband’s factual assertion that providential cause prevented him from attending divorce trial; absent transcription and in light of trial court’s order granting divorce based on ground that marriage was irretrievably broken, husband could not show harm from service of wife’s amended complaint, adding allegations of crueltry and audltery, only two days before trial.

Holmes v. Roberson-Holmes, S10F0130 (05/17/2010), 10 FCDR 1607

From:  Fulton County Daily Report (05/28/2010)

Mother’s appeal of custody in parties’ final divorce decree, DISMISSED, for lack of jurisdiction over mother’s direct appeal;  O.C.G.A. § 5-6-35(a) (2) required mother to file application for discretionary appeal, because this was divorce case in which child custody was at issue, not child custody case; child custody determination did not transform divorce action into child custody case under § 5-6-34; Court reiterated that ‘”underlying subject matter generally controls over the relief sought in determining the proper procedure to follow to appeal.”‘

Todd v. Todd, S10A0471 (03/29/2010), 10 FCDR 1010

From:  Fulton County Daily Report (4/09/2010)