Bosson v. Bosson
| Decision Date | 23 March 1967 |
| Docket Number | No. 24000,24000 |
| Citation | 223 Ga. 259,154 S.E.2d 364 |
| Parties | Vivian D. BOSSON v. Jum F. BOSSON. |
| Court | Georgia Supreme Court |
G. Hughel Harrison, Lawrenceville, for appellant.
Edward E. McGarity, Sol. Gen., Ray Tucker, McDonough, Bloch, Hall, Groover & Hawkins, Wilbur D. Owens, Jr., Macon, for appellee.
Syllabus Opinion by the Court
The Juvenile Court of Henry County by order dated August 16, 1965, awarded custody of the children involved in this proceeding to their father but failed to recite therein the necessary jurisdictional facts. On January 9, 1967 the said court amended said order nunc pro tunc setting forth such jurisdictional facts. The appellant, mother of the children, appeals to this court and enumerates as error that the nunc pro tunc order of January 9, 1967 is void as well as the original order. Held:
1. The order of August 16, 1965 awarding the custody of the children of the parties to the father is void for failure to recite the necessary jurisdictional facts. See Ferguson v. Hunt, 221 Ga. 728, 146 S.E.2d 756; Boney v. County Board of Education of Telfair County, 203 Ga. 152(1a), 45 S.E.2d 442. A void judgment cannot be amended and therefore the nunc pro tunc order of January 9, 1967 is void and of no effect. Pendergrass v. Duke, 147 Ga. 10(2), 92 S.E. 649; Wright v. Broom, 43 Ga.App. 269(2), 158 S.E. 443.
2. The motion to dismiss the appeal on the basis that the appellant specified in his notice of appeal what portions of the record should be included rather than what portions should be omitted is not meritorious where the court has before it all portions of the record necessary for decision.
Judgment reversed.
All the Justices concur.
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Lockhart v. Stancil, 46078
...729 (146 SE2d 756). If the order of a juvenile court fails to recite the jurisdictional facts, the judgment is void. Bosson v. Bosson, 223 Ga. 259(1) (154 SE2d 364)." Williams v. Department of Human Resources, 150 Ga.App. 610, 258 S.E.2d 288 There is nothing in the record before us that sho......
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Parker v. Parker, 27338
...to give it jurisdiction of the person and the subject matter. Ferguson v. Hunt, 221 Ga. 728, 730, 146 S.E.2d 756; Bosson v. Bosson, 223 Ga. 259(1), 154 S.E.2d 364. The juvenile court order in this case shows that jurisdiction of the custody of this child was by transfer from the Bibb Superi......
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Williams v. Department of Human Resources
...730, 146 S.E.2d 756. If the order of a juvenile court fails to recite the jurisdictional facts, the judgment is void. Bosson v. Bosson, 223 Ga. 259(1), 154 S.E.2d 364. In Quire v. Clayton County Dept. of Family etc. Services, 242 Ga. 85, 249 S.E.2d 538, the Supreme Court held that the gener......