Grant of summary judgment to appellee AFFIRMED in appellant’s action for declaratory judgment and mandamus, alleging that DFACS improperly placed him on child abuse registry, after entering into safety plan with his wife, following allegations of child abuse; trial court did not err in ruling that appellant could not attempt to use mandamus and declaratory judgment to essentially relitigate and overturn custody decisions, which divorce court entered; proper means to address custody would be to file appropriate appeal or motions for modification of custody in divorce court; in any event appellant’s claims were based on provisions of O.C G. A. § 49-5-180 et. seq., which Court in State v. Jackson, 269 Ga. 308 (1998), struck down in its entirety, including child abuse registry.  Jenkins v. Walker, S10A0907 (09/20/10), 10 FCDR 3009.

Jenkins v. Walker, S10A0907 (09/20/10), FCDR 3009

From:  Fulton County Daily Report, 10/1/2010

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).

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