Edge v. Edge

Summary

The Georgia Supreme Court held that an order setting aside a final order in a child custody case was directly appealable because the case involved visitation, which qualifies as a custody matter. The Court reversed the trial court’s decision to set aside the order under OCGA § 9-11-60(d)(2), concluding that the attorney’s mistake in providing an incorrect address was attributable to the husband and did not constitute an appropriate basis for relief.

Holdings

1. An order granting a motion to set aside in a case involving a ruling on custody or visitation is directly appealable under OCGA § 5-6-34 (a) (11), even though such an order ordinarily leaves the case pending and would require an interlocutory appeal.
2. A party may not rely on the mistake of the party's own counsel as a basis for setting aside a judgment under OCGA § 9-11-60 (d) (2) when the alleged mistake is attributable to counsel acting as the party's representative.

Questions Presented

1. Whether an order granting a motion to set aside in a case involving custody and visitation is directly appealable under OCGA § 5-6-34 (a) (11), despite the general interlocutory-appeal requirement for orders setting aside judgments.
2. Whether a party may obtain relief under OCGA § 9-11-60 (d) (2) based on the party's own counsel's failure to include the party's correct address in a motion to withdraw, resulting in lack of notice of a hearing.

Disposition

reversed