Bagwell v. Bagwell
Annotate this CaseThe court granted Wife's application for interlocutory appeal to determine whether the superior court erred in denying her motion to dismiss her ex-Husband's petition to modify child support. The court held that it was error to refuse to dismiss the petition because, even assuming arguendo, that the superior court had the authority to modify the dismissal order to provide that it was not an adjudication on the merits, the ruling terminated the Husband's petition for modification. Thus, it was a "final order" and triggered application of the prohibition in OCGA 19-6-15(k)(2). Further, there is no merit to the policy argument that the interest of judicial economy was served by allowing the modification action to proceed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.