Summary
In Riddle, we determined that a divorce was the “only authorized judicial means for dissolving” the void marriage and that child support could be awarded in the divorce proceeding as a necessary remedy.
Summary of this case from Wright v. HallOpinion
33819.
SUBMITTED JULY 14, 1978.
DECIDED SEPTEMBER 5, 1978. REHEARING DENIED SEPTEMBER 26, 1978.
Complaint in equity. Fulton Superior Court. Before Judge Wofford.
J. Melvin England, for appellant.
W. Burton Cowley, Richard K. Greenstein, for appellee.
This is the second appearance of this case before this court. See Riddle v. Riddle, 240 Ga. 515 ( 241 S.E.2d 214) (1978). After this case was remanded to the trial court for further consideration, the appellant filed an amendment to his complaint in equity to set aside the 1970 divorce decree.
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 S.E.2d 394) (1973).
Judgment affirmed. All the Justices concur.