Edge v. Edge
Annotate this CaseWife appealed the trial court's order setting aside its final order based solely on the mistake of Husband's attorney pursuant to OCGA 9-11-60(d)(2). As an initial matter, the court held that this case did present a child custody matter subject to OCGA 5-6-34(a)(11). Thus, the grant of a motion to set aside a child custody case was directly appealable. Further, an action seeking to change visitation qualified for treatment as a "child custody case." Therefore, this case, which included a ruling eliminating Husband's visitation, was a "custody case" subject to appeal. The court also held that the trial court's ruling on Husband's motion to set aside was erroneous under OCGA 9-11-60(d)(2) where Husband did not provide the trial court with an appropriate basis to set aside its final order pursuant to the statutory provision. Accordingly, the judgment was reversed.
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