Myles v. MylesAnnotate this Case
The Supreme Court granted a discretionary appeal of a superior court’s orders setting aside, in part, a final judgment and decree of divorce, and amending the final judgment of divorce. After a proceeding in which Wife was held in contempt, she filed in late 2013, a motion to set aside the March 2009 judgment and decree claiming, inter alia, that in his 2008 financial affidavit, Husband failed to disclose his interest in certain real properties. Husband opposed the motion to set aside, contending that the three-year statute of limitations barred any such claim under OCGA 9-11-60 (f). The trial court held that the three-year “statute of limitations” of OCGA 9-11-60 (f) was tolled until Wife became aware that Husband possessed certain previously undisclosed funds. However, the Supreme Court found that motion to set aside the judgment under OCGA 9–11–60 (d) was filed more than three years after the 2009 judgment. Because the motion to set aside the judgment was filed outside he exclusive time limitation for such a motion, the trial court’s order setting aside the judgment, as well as its subsequent order, was reversed.