Joyner v. Joyner

Court of Appeals of Georgia

Joyner v. Joyner

398 S.E.2d 294, 197 Ga. App. 304, 1990 Ga. App. LEXIS 1279

CourtCourt of Appeals of Georgia

DecidedOctober 17, 1990

DocketA90A1818

StatusPublished

This text of 398 S.E.2d 294 (Joyner v. Joyner) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Joyner v. Joyner, 398 S.E.2d 294, 197 Ga. App. 304, 1990 Ga. App. LEXIS 1279 (Ga. Ct. App. 1990).

Pincite

Opinion

Beasley, Judge.

Appellant Jay Joyner filed a petition seeking to modify his and appellee’s divorce decree to change visitation rights. Appellee filed a counterclaim for $6,200 arrearage in child support payments and agreeing to the visitation modification. An order was entered modifying visitation and reserving for trial the past due child support.

[305]*305Decided October 17, 1990. Grady K. Reddick, for appellant. George W. Fryhofer, for appellee.

Appellee moved for summary judgment on this issue, which was granted. Appellant filed a direct appeal.

1. Child support issues being among those encompassed within OCGA § 5-6-35 (a) (2), and no application for appeal as required by OCGA § 5-6-35 (b) & (d) having been filed, this case must be dismissed. Russo v. Manning, 252 Ga. 155 (312 SE2d 319) (1984); Brandenburg v. Brandenburg, 175 Ga. App. 20 (332 SE2d 664) (1985).

2. Appellee filed a motion seeking imposition of 10 percent damages pursuant to OCGA § 5-6-6. The motion must be denied, not on its merits, but because the statute provides for such damages “upon any judgment. . . which has been affirmed.” No provision is made for imposing such damages when the appeal is dismissed. Radford v. IPD Printing &c., 184 Ga. App. 64 (2) (360 SE2d 656) (1987).

Appeal dismissed.

Been, P. J., and Pope, J., concur.

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