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S09F2030. KURIATNYK v.KURIATNYK
State: Georgia
Court: Supreme Court
Docket No: S09F2030
Case Date: 03/01/2010
Preview:Final Copy 286 Ga. 589

S09F2030. KURIATNYK v. KURIATNYK. Carley, Presiding Justice.

Dayna Kuriatnyk (Wife) and Richard Michael Kuriatnyk (Husband) were married in 2007 and lived in Florida. After their only child was born in April 2008, Wife and the child moved to Georgia. Wife brought this divorce action in Georgia on December 11, 2008. Husband was served with the verified complaint in Florida, but did not file any motion or answer. The trial court entered a final divorce decree, "upon evidence submitted as provided by law," awarding to Wife sole legal and physical custody of the parties' child, as well as child support in the amount of $750 per month. Husband filed a motion to set aside or, in the alternative, for a new trial. The trial court entered an order noting the absence of any supporting affidavits, depositions, or verified pleadings, and stating that "the Motion to Set Aside is DENIED and the Motion for New Trial is DENIED." Husband applied for

discretionary review, which we granted pursuant to our Pilot Project in divorce cases. All of Husband's enumerations on appeal were initially raised in the postjudgment motion. The extent to which the post-judgment motion was for a new trial or to set aside depends upon whether the issues raised related to a motion to set aside under OCGA
Download S09F2030. KURIATNYK v.KURIATNYK.pdf

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