Dunlap v. Pope

Decision Date22 January 1986
Docket NumberNo. 71931,71931
Citation339 S.E.2d 662,177 Ga.App. 539
PartiesDUNLAP v. POPE.
CourtGeorgia Court of Appeals

John K. Dunlap, Atlanta, pro se.

Paul R. Koehler, Atlanta, for appellee.

BANKE, Chief Judge.

The appellant filed suit against the appellee, his former wife, in the State Court of Fulton County, seeking, in the alternative, either to recover physical possession of various items of personal property belonging to him which she had allegedly converted to her own use, or to recover the value of those items. In a separate count, he also sought damages for fraud and breach of contract, based on her failure to abide by an alleged agreement to join with him in filing a joint income tax return for 1983, the last full year they were married. Determining that the "crux" of the appellant's claim concerned the appellee's alleged retention of property awarded to the appellant in the parties' final divorce decree, the trial court granted a motion by the appellee to transfer the case to superior court. Pursuant to Rule 11 of the Uniform Transfer Rules, the court specified in the transfer order that the appellant was required to pay a $50 transfer fee to the clerk of the superior court within 20 days or suffer automatic dismissal of the action, without prejudice. The appellant failed to pay the transfer fee, and this appeal is from the resulting automatic dismissal. Held:

In determining that exclusive subject matter jurisdiction over this case was in the superior court, the trial judge relied upon OCGA § 19-5-13, which provides as follows: "The verdict of the jury disposing of the property in a divorce case shall be carried into effect by the court by entering such judgment or decree or taking such other steps as are usual in the exercise of the court's equitable powers to execute effectually and fully the jury's verdict." We find nothing in this statute which would divest the state courts of jurisdiction over trover or conversion actions in which the alleged trover or conversion results from the defendant's retention of property awarded to the plaintiff in a final divorce decree.

The state courts have concurrent jurisdiction with superior courts over "[t]he trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts..." OCGA § 15-7-4(2). Pursuant to Art. VI, Sec. IV, Par. I of the Constitution of Georgia of 1983, the exclusive original jurisdiction of the...

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4 cases
  • Robertson v. Robertson
    • United States
    • Georgia Court of Appeals
    • 23 d3 Setembro d3 2015
    ...to Robert alone, and thus, the case did not invoke its jurisdiction over divorce and alimony cases. See e.g., Dunlap v. Pope,177 Ga.App. 539, 339 S.E.2d 662 (1986)(retaining and deciding an appeal from a post-divorce civil action seeking damages for fraud and to recover possession of proper......
  • Hughes v. Hughes, A89A1662
    • United States
    • Georgia Court of Appeals
    • 28 d4 Setembro d4 1989
    ...condition precedent to bringing a conversion action in this state based on his alleged ownership of the property. Cf. Dunlap v. Pope, 177 Ga.App. 539, 339 S.E.2d 662 (1986) (holding that the state courts are not divested of jurisdiction "over trover or conversion actions in which the allege......
  • Bryant v. Employees Retirement System of Georgia, S94A0661
    • United States
    • Georgia Supreme Court
    • 18 d1 Abril d1 1994
    ...of the divorce action." Id. Accord Wallace v. Wallace, 260 Ga. 400, 396 S.E.2d 208 (1990) (equitable partition); Dunlap v. Pope, 177 Ga.App. 539, 339 S.E.2d 662 (1986) (trover, breach of contract, and fraud). Rather, Ms. Bryant's action to enforce a provision in a judgment, albeit a divorce......
  • Pye Datsun, Inc. v. Gas, Inc., 71904
    • United States
    • Georgia Court of Appeals
    • 22 d3 Janeiro d3 1986
6 books & journal articles
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2023 edition
    • Invalid date
    ...§4, NOTE - Related matters arising later (such as conversion of property awarded to party in divorce) may be heard by magistrate court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 ......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2022 edition
    • Invalid date
    ...§4, NOTE - Related matters arising later (such as conversion of property awarded to party in divorce) may be heard by magistrate court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 ......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2016 edition
    • Invalid date
    ...§4, NOTE - Related matters arising later (such as conversion of property awarded to party in divorce) may be heard by magistrate court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 ......
  • 1 Small Claim Cases
    • United States
    • State Bar of Georgia Georgia Benchbook 2017 edition
    • Invalid date
    ...§4, NOTE - Related matters arising later (such as conversion of property awarded to party in divorce) may be heard by magistrate court [177 Ga.App. 539, 339 SE2d 662 (1986)]. 2. Respecting title to land [GA. CONST. Art. 6, §4, ¶1; 130 Ga. 391, 60 S.E. 1049 (1908); 247 Ga. 155, 274 SE2d 560 ......
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