Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

HUDSON v. HUDSON.

WELTNER, Justice.

The administrator of an estate brought suit to set aside a deed purporting to convey real property. After a favorable jury verdict, the administrator moved to amend the judgment setting aside the deed to include a money judgment for the fair market value of the property. The evidence was undisputed as to the fair market value of the property at the time of the purported conveyance. The trial court denied the motion, and remanded the case to the probate court for a determination of the value of the property.

Remand is inappropriate to this case, as the trial court was authorized to determine the fair market value of the property, and to enter a money judgment. Judgment reversed and case remanded. All the Justices concur.

"A superior court shall have full power to mold its decrees so as to meet the exigencies of each case and shall have full power to enforce its decrees when rendered." OCGA § 23-4-31.

The superior courts, on the trial of any civil case, shall give effect to all the rights of the parties, legal, equitable, or both, and apply remedies or relief, legal, equitable, or both, in favor of either party, as the nature of the case may allow or require. [OCGA § 23-3-1.]

WELTNER, Justice.

DECIDED NOVEMBER 10, 1988.
Use AI to get other relevant cases.

Comments

HUDSON v. HUDSON
(Nov 10, 1988)