Murphy v. Murphy

I do not agree with the majority that a judgment void on its face for a reason other than lack of subject matter or personal jurisdiction is not subject to collateral attack more than three years after it has been rendered. In its attempt to reconcile perceived conflicts among subsections (a), (d), and (f) of OCGA § 9-11-60, the majority has equated a judgment “void on its face” under (a) with a judgment void for “[l]ack of jurisdiction over the person or the subject matter” under (d) (1), and applied the three-year limitation period in (f) to collateral attacks on judgments void for any…