Mitchell v. Mitchell

Nichols, Chief Justice.

Willis Michael Mitchell appeals from a judgment dismissing his action for modification of an alimony judgment. On the hearing of the motion to dismiss the original divorce decree was considered, although it was not a part of the pleadings in this case. Accordingly, the motion to dismiss is properly treated as a motion for summary judgment. See Ga. L. 1966, pp. 609, 622, as amended (Code Ann. § 81A-112 (c)).

The agreement entered into by the parties and made a part of the divorce decree provided in part: "Upon compliance with the terms and conditions of this order as to…