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Lawskills.com Georgia Caselaw
JOYNER v. JOYNER.
A90A1818.
BEASLEY, Judge.
Visitation rights. Burke Superior Court. Before Judge Ruffin.
Appellee moved for summary judgment on this issue, which was granted. Appellant filed a direct appeal.
1. Child support issues being among those encompassed within OCGA 5-6-35 (a) (2), and no application for appeal as required by OCGA 5-6-35 (b) & (d) having been filed, this case must be dismissed. Russo v. Manning, 252 Ga. 155 (312 SE2d 319) (1984); Brandenburg v. Brandenburg, 175 Ga. App. 20 (332 SE2d 664) (1985).
2. Appellee filed a motion seeking imposition of 10 percent damages pursuant to OCGA 5-6-6. The motion must be denied, not on its merits, but because the statute provides for such damages "upon any judgment. . . which has been affirmed." No provision is made for imposing such damages when the appeal is dismissed. Radford v. IPD Printing &c., 184 Ga. App. 64 (2) (360 SE2d 656) (1987).
George W. Fryhofer, for appellee.
Grady K. Reddick, for appellant.
DECIDED OCTOBER 17, 1990.
Saturday May 23 20:26 EDT


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