Wilkinson v. Wilkinson, 33458
| Decision Date | 02 May 1978 |
| Docket Number | No. 33458,33458 |
| Parties | WILKINSON v. WILKINSON. |
| Court | Georgia Supreme Court |
O. L. Collins, Augusta, for appellant.
McGahee, Plunkett, Benning, Fletcher & Harley, Paul K. Plunkett, C. Thompson Harley, Augusta, for appellee.
This appeal is from the grant of a summary judgment to the defendant, Robert J. Wilkinson, in an action by his former wife, Doris H. Wilkinson, to set aside a divorce decree between the parties.
In March, 1974, the former wife filed an equitable complaint in Richmond Superior Court against the former husband, seeking to set aside a divorce decree and separation agreement. She alleged: The husband is a nonresident. In January, 1971, by the use of a false address, he had her admitted to the Georgia Regional Hospital at Augusta, Georgia, where she remained until January, 1972. He forced her to leave her home in South Carolina and has prevented her from returning there. She has never been, and has never intended to become, a resident of Georgia. In August, 1971, through his attorney, he had a divorce petition filed in Richmond Superior Court in which she was named the plaintiff and he the defendant. On September 13, 1971, a decree of divorce was entered in the case. The decree was procured by fraud, deceit, and malicious conduct perpetrated by him upon the court and her. The judgment is void because the court did not have jurisdiction of the parties. There was attached to the divorce petition a separation agreement dated February, 1971, which purported to settle all the property rights of the parties and the alimony rights of the wife. This agreement was prepared by the husband's retained counsel while she was confined in the hospital, and was procured by him by fraud and threats.
The husband's motion for summary judgment was based on the pleadings, depositions, and his affidavit. In his affidavit he stated that a final decree of divorce as entered between the parties on September 13, 1971, wherein he was ordered to pay certain sums and convey certain property as alimony to the wife; he has fully complied with the order and has paid all sums due as alimony; and the wife has accepted and retained all alimony paid by him.
The depositions show that the wife was in a hospital under the care of a psychiatrist during the time of the divorce proceedings. It was stipulated by the wife's counsel during the taking of her depositions by the husband that there would...
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Thompson v. Thompson, S10F1231.
...supra; Curtis v. Curtis, supra at 289, 336 S.E.2d 770; Guess v. Guess, 242 Ga. 786, 251 S.E.2d 528 (1979); Wilkinson v. Wilkinson, 241 Ga. 303, 304, 245 S.E.2d 278 (1978); Vickery v. Vickery, 237 Ga. 702, 229 S.E.2d 453 (1976); Sikes v. Sikes, 231 Ga. 105, 108, 200 S.E.2d 259 (1973); Booker......
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Grissom v. Grissom
...supra; Curtis v. Curtis, supra at 289, 336 S.E.2d 770; Guess v. Guess, 242 Ga. 786, 251 S.E.2d 528 (1979); Wilkinson v. Wilkinson, 241 Ga. 303, 304, 245 S.E.2d 278 (1978); Vickery v. Vickery, 237 Ga. 702, 229 S.E.2d 453 (1976); Sikes v. Sikes, 231 Ga. 105, 108, 200 S.E.2d 259 (1973); Booker......
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J & F Car Care Service, Inc. v. Russell Corp., 66286
...the decree of divorce as contained in the same judgment." Accord, Booker v. Booker, 217 Ga. 342, 122 S.E.2d 86. See Wilkinson v. Wilkinson, 241 Ga. 303, 304, 245 S.E.2d 278. This comports with the majority rule of our sister states that: "A party who accepts an award or legal advantage unde......
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Curtis v. Curtis
...receive the fruits of the final judgment and then seek to have it set aside by way of her motion for new trial. Wilkinson v. Wilkinson, 241 Ga. 303, 304, 245 S.E.2d 278 (1978). In view of the fact that the jury's child support award was exactly the same as the trial court's award of child s......