Lum et al. v. Cabrel
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Lucien Cabrel died in December 1963 and Cabrel's wife and four minor children were the recipients of a joint award of year's support in 1964. In 2000, Cabrel's two daughters filed a petition to partition real property in Henry and Spalding counties in which property the daughters claimed an interest by virtue of the 1964 joint award of year's support. The daughters also sought an accounting and to recover from their mother income generated by the property between 1964-1997. In Case No. S11A0212, the mother appealed the denial of summary judgment on the partitioning issue and in Case No. S11A0214, the daughters took issue with the trial court's denial of their motion for summary judgment, its failure to conduct a hearing on their motion for attorney fees, and its determinations that they were barred from having an accounting and were not entitled to prejudgment interest. The court held that since the motion to set aside was filed more than three years after the entry of judgment of partition and that judgment was made by a court with jurisdiction, the trial court did not err when it denied the mother's motion to set aside the judgment of partition. The court held also that the partitioning judgment was not appealed and the daughters cannot now complain that they had a greater interest in the property than that which was awarded in 2004; that the trial court did not err in concluding that the daughters were not entitled to income from the property where they did not meet certain contingencies; and that the trial court did not err when it did not award attorney fees since the daughters were not awarded any damages.
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