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Robert Berry v. Laura Berry

Citation: Not availableDocket: A18A1035

Court: Court of Appeals of Georgia; January 29, 2018; Georgia; State Appellate Court

Original Court Document: View Document

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Robert Berry and Laura Berry were divorced on June 2, 2017. Following the divorce, Robert Berry sought to set aside the divorce decree and requested a new trial. In August 2017, Laura Berry filed a motion for contempt against Robert for failing to pay alimony and marital debts as outlined in the divorce decree. The trial court denied Robert's motion to set aside the decree and granted Laura's contempt motion. Robert then appealed this decision. 

However, the Court of Appeals determined it lacked jurisdiction over the appeal because the matter concerned domestic relations, specifically rights arising from a divorce decree that did not involve child custody. According to Georgia law (OCGA 5-6-35 (a)(2)), such appeals must be initiated through a discretionary application process. Robert's failure to comply with this procedure resulted in the dismissal of his appeal.