[Download] "Jabaley Et Al. v. Jabaley" by Court of Appeals of Georgia # eBook PDF Kindle ePub Free

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eBook details

• Title: Jabaley Et Al. v. Jabaley
• Author : Court of Appeals of Georgia
• Release Date : January 12, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This appeal is taken by Richard Paul Jabaley and his wife from the order of the superior court vacating and re-issuing, without modification, its order dismissing as untimely appellants' appeal de novo from the orders of the probate court. The appeal de novo to the superior court had been taken from the rulings of the probate court granting appellee Yolanda Jabaley a year's support award, and for denying appellants' subsequent motion for new trial or in the alternative motion to amend judgment. The superior court vacated and re-issued its original order (compare Cambron v. Canal Ins. Co., 246 Ga. 147 (269 S.E.2d 426)) apparently in view of appellants' claim that he had not been notified of the superior court's original order in accordance with OCGA § 15-6-21 (c). Held : 1. Appellants assert the trial court erred in ruling they waived their claims by admitting that the judgment of the probate Judge, dated March 4, 1992, had been ""entered,"" because such ruling was not supported by any facts or evidence of record; and that the trial court erred when it ruled appellants had waived their claims as to the entry or non-entry of the probate court judgment on March 4, 1992, as no objection in the pleadings of appellee or in the evidence suggests that such issue was waived. Appellants' first and second enumerations of error are without merit.

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