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Davis v. Davis

Georgia Court of Appeals

310 Ga. App. 512 (2011)

Facts

Mr. Davis (defendant) and Mrs. Davis (plaintiff) were divorced in 1996 in Louisiana. Mrs. Davis was served with the pleadings but did not answer. Mrs. Davis was also served with the final judgment of divorce. The final judgment did not include any provision related to community property. In 2008, Mrs. Davis sued Mr. Davis and sought an equitable remedy of a constructive trust over certain real estate and pension payments. Mrs. Davis claimed that there was an agreement to divide that property as part of the divorce. However, Mrs. Davis had not objected to the divorce judgment or raised any other issue with the court prior to 2008. Mr. Davis did make some payments from the pension account from 2004 to March of 2006, but Mr. Davis asserted that those payments were intended for their son’s college expenses. Mr. Davis stopped the payments after their son stopped attending college. Mr. Davis filed a motion to dismiss the case under the equitable defense of laches. The trial court granted the motion, and Mrs. Davis appealed.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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