Legal Opinion · Dissent

Acevedo v. Kim

Supreme Court of Georgia

Decided November 3, 2008No. S08A0798Published

1DissentHines, Justice

I respectfully dissent because the opinion of the majority incorrectly determines the merits of the present appeal, and in so doing, undermines long-standing precedent to distort the very nature and purpose of an action for declaratory judgment.

There is little question that a declaratory judgment action can be an appropriate vehicle for ascertaining a party’s rights and duties under a contract and decree of divorce. Weaver v. Jones, 260 Ga. 493 (1) (396 SE2d 890) (1990). But not every support dispute arising from the terms of a final judgment and decree of divorce is appropriately resolved by…

2Cases cited7 opinions

  1. Holloman v. D. R. Horton, Inc.Court of Appeals of Georgia · 1999
  2. Weaver v. JonesSupreme Court of Georgia · 1990
  3. Porter v. HoughtonSupreme Court of Georgia · 2001
  4. Gay v. HuntSupreme Court of Georgia · 1966
  5. Kirkland v. MorrisSupreme Court of Georgia · 1975

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