Hyman v. Moldovan, 65886
Citation | 166 Ga.App. 891,305 S.E.2d 648 |
Decision Date | 01 June 1983 |
Docket Number | No. 65886,65886 |
Parties | HYMAN v. MOLDOVAN, et al. |
Court | United States Court of Appeals (Georgia) |
Donald A. Weissman, Atlanta, for appellant.
Donald F. Walton, Frank B. Strickland, Atlanta, for appellees.
Appellant filed suit against his former wife, her parents, and her present husband, alleging that they had conspired to alienate the affections of appellant's minor son from appellant. Appellees' motions to dismiss for failure to state a claim upon which relief can be granted and, alternatively, lack of personal jurisdiction of appellees were granted by the trial court. This appeal followed.
1. Putting aside a discussion on the applicability of the Long Arm Statute (OCGA § 9-10-91 (Code Ann. § 24-133.1) ) to the jurisdictional facts of the case at bar, we conclude that the trial court was correct in dismissing appellant's complaint on the ground that it failed to state a claim upon which relief could be granted. OCGA § 9-11-12(b)(6) (Code Ann. § 81A-112). The fact that Georgia no longer recognizes a cause of action for alienation of affections is exemplified by the language of OCGA § 51-1-17 (Code Ann. § 10S-1203); Appellant argues that the statute abolishes only those alienation of affection suits which involve the loss of spousal affection, and that it does not apply to a case in which the alienation of the affections of a minor child is alleged. However, there is no such limiting language in the statute and we do not intend to place such a strained construction on the statute.
2. Appellant ingeniously camouflaged his alienation of affection suit with an allegation of conspiracy. However, " ' ' Grace v. Roan, 145...
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Steve H. v. Wendy S.
...public policies furthered by the anti-heart-balm statutes, counsel against allowing this lawsuit to proceed. (See Hyman v. Moldovan (1983) 166 Ga.App. 891, 305 S.E.2d 648 [anti-heart-balm statute bars not only claims for loss of spousal affection but also claims for loss of child's affectio......
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Bartanus v. Lis
...this question have refused to recognize a cause of action by a parent for alienation of a child's affections. See Hyman v. Moldovan, 166 Ga.App. 891, 305 S.E.2d 648 (1983); Scholz v. Scholz, 177 N.J.Super. 647, 427 A.2d 619 (1980); Edwards v. Edwards, 43 N.C.App. 296, 259 S.E.2d 11 (1979); ......
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Hanover v. Ruch
...771.01 (West 1964); Harrington v. Pages, 440 So.2d 521, 522 (Fla.App.1983); Ga.Code Ann. Sec. 51-1-17 (1982); Hyman v. Moldovan, 305 S.E.2d 648, 166 Ga.App. 891 (Ga.App.1983); Bilyk v. Chicago Transit Authority, 531 N.E.2d 1, 7, 125 Ill.2d 230, 125 Ill.Dec. 822, 828 (Ill.1988); Ind.Code Ann......
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Hoye v. Hoye
...Sec. 771.01 (West 1964); Harrington v. Pages, 440 So.2d 521, 522 (Fla.App.1983); Ga.Code Ann. Sec. 51-1-17 (1982); Hyman v. Molodovan, 305 S.E.2d 648, 166 Ga.App. 891 (1983); Bilyk v. Chicago Transit Authority, 531 N.E.2d 1, 7, 125 Ill.2d 230, 125 Ill.Dec. 822, 828 (Ill.1988); Ind.Code Ann.......