Thompson v. Thompson

Ingram, Justice.

The dismissal of appellant’s equitable complaint in the Superior Court of DeKalb County produced this appeal. The complaint was brought under Code Ann. § 81A-160 (e) (Cum. Supp. 1975) and it sought to vacate a final divorce decree granted earlier to appellant’s husband in that court. We reverse and remand for an evidentiary hearing.

Appellant had executed a property settlement and child custody agreement, an acknowledgment of service and an agreement for trial, all of which were incorporated into the final divorce decree. She sought to attack that decree on the grounds that the…