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Court Affirms Weaver v. Jones.

Posted May.28, 2010 by Cynthia J. Remboldt, Esq., under Child Support, Jurisdiction

 Child Support, Declaratory Judgment

Judgment for mother AFFIRMED 4-3;  Weaver v. Jones, 260 Ga. 493 (1990) decided question of whether father’s petition seeking declaratory judgment as to his obligation for past child support stated claim for relief; father needed direction from judicial tribunal to remove uncertainty regarding consequences of his planned future actions in continuing to deny mother’s claim of back-due child support based on his understanding of formula set forth in parties divorce decree.

Acevedo v. Kim F/K/A Acevedo, S08A0798 (11/03/08)

From the Fulton County Daily Report (11/14/2008).

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GA Plaintiff Did Not Receive Declaratory Judgment Notice of Hearning and Decision Thus No Litigation of Issues and No Res Judicata

Posted Nov.20, 2009 by Cynthia J. Remboldt, Esq., under Appeal, Attorney Fees, Evidence

 Declaratory Judgment, Expenses of Litigation, hearning, Notice, Res Judicata

Dismissal with prejudice of plaintiff’s complaint and award of attorneys’ fees to defendant, VACATED, as res judicata did not bar plaintiff’s action; Court previously reversed grant of declratory judgment to defendant in McLeod v. Clements, A09A0632 (06/25/09), 09 FCDR 2226 (07/10/09), because plaintiff was not provided with statutory notice per OCGA 9-4-5, so declaratory judgment hearing and decision was nullity and there was no legitimate litigation of issues in first action; award of attorneys’ fees to defendant based on plaintiff’s’ “wanton disregard of the judicial process”‘ infiling second action was improper.

From:  Fulton County Daily Report (10/09/09)

McLeod v. Clements, A09A1256 (09/21/09), 09 FCDR 3091

Attorneys:  R. Jerry McLeod (pre se), Stephen R. Sullivan

Judges: Richard M. Coward, Brooks Superior Court;  Georgia Court of Appeals:  Barnes, Miller, Andrews

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