Riddle v. Miller

Supreme Court of Georgia

Riddle v. Miller

248 S.E.2d 616, 242 Ga. 231, 1978 Ga. LEXIS 1152

CourtSupreme Court of Georgia

DecidedSeptember 5, 1978

Docket33819

StatusPublished

Cited by4 cases

This text of 248 S.E.2d 616 (Riddle v. Miller) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Riddle v. Miller, 248 S.E.2d 616, 242 Ga. 231, 1978 Ga. LEXIS 1152 (Ga. 1978).

Pincite

Opinion

Nichols, Chief Justice.

This is the second appearance of this case before this court. See Riddle v. Riddle, 240 Ga. 515 (241 SE2d 214) (1978). After this case was remanded to the trial court for further consideration, the appellant filed an amendment [232]*232to his complaint in equity to set aside the 1970 divorce decree.

Submitted July 14, 1978 Decided September 5, 1978 Rehearing denied September 26, 1978. J. Melvin England, for appellant. W. Burton Cowley, Richard K, Greenstein, for appellee.

After enumerating exceptions not applicable to the present case Code Ann. § 81A-160 (f) states the general rule that all other motions, complaints or proceedings to set aside or attack judgments shall be brought "within three years from entry of the judgment complained of.” The appellant’s complaint in equity originally was filed more than three years after the entry of the challenged divorce decree.

Accordingly, the order of the trial court dismissing the complaint is affirmed. Johnson v. Johnson, 230 Ga. 204 (196 SE2d 394) (1973).

Judgment affirmed.

All the Justices concur.

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