Roach v. Roach, 74517
| Citation | 354 S.E.2d 877,182 Ga.App. 122 |
| Decision Date | 11 March 1987 |
| Docket Number | No. 74517,74517 |
| Parties | ROACH v. ROACH. |
| Court | United States Court of Appeals (Georgia) |
Bert S. Harp, Jr., Columbus, for appellant.
James A. Elkins, Jr., Columbus, for appellee.
Willie Roach brings this direct appeal from the denial of his equitable petition to set aside orders granting child support to his former wife. OCGA § 9-11-60(e) was amended in 1986 to prohibit the use of a complaint in equity to set aside a judgment. The proper method of attacking a judgment is now by motion for new trial or motion to set aside. However, even treating appellant's petition below as a motion to set aside the judgment, we are without jurisdiction to decide whether the denial was proper. Under the provisions of OCGA § 5-6-35(a)(2), appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases must be taken by application. Matters of child support fall into the category of "other domestic relations" and are therefore within the purview of OCGA § 5-6-35(a)(2). See Lewis v. Robinson, 176 Ga.App. 374, 336 S.E.2d 280 (1985). Similarly, under the provisions of OCGA § 5-6-35(a)(8), appeals from the denial of a motion to set aside a judgment must be by application. Accordingly, as appellant has failed to follow the procedures outlined in OCGA § 5-6-35, his appeal must be dismissed.
Appeal dismissed.
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Graves v. Graves, s. 75450
...the category of 'other domestic relations' and are therefore within the purview of OCGA § 5-6-35(a)(2). [Cit.]" Roach v. Roach, 182 Ga.App. 122-123, 354 S.E.2d 877 (1987). Additionally, OCGA § 5-6-35(a)(8) requires that an appeal from an order denying a motion to set aside a judgment is dis......
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Boyle v. State
...motion to set aside a judgment be brought as a discretionary appeal. See Byrd v. Byrd, 183 Ga.App. 302, 359 S.E.2d 2; Roach v. Roach, 182 Ga.App. 122, 123, 354 S.E.2d 877; Folks, Inc. v. Agan, 177 Ga.App. 480, 340 S.E.2d The requirements of OCGA § 5-6-35 are jurisdictional and this court ca......
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Byrd v. Byrd, 74442
...from denials of motions to set aside judgments must be made by application, pursuant to OCGA § 5-6-35(a)(8). See Roach v. Roach, 182 Ga.App. 122, 354 S.E.2d 877 (1987). Accordingly, the motion to dismiss the appeal is Appeal dismissed. CARLEY and BENHAM, JJ., concur. ...