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Bennettv.Etheridge

CourtSupreme Court of Georgia
Docket No.S17A0762
DecidedSeptember 13, 2017
JudgesSupreme Court of Georgia
Tags
CriminalPost-Conviction ReliefStandingFraudAppellate ProcedureReversalRemand
Case Summary

Rhonda Bennett challenged a Georgia habeas court’s order affecting restitution and support arrearages owed by Damian Etheridge after his conviction for abandoning a dependent child. The habeas court dismissed Bennett’s motion for a new trial, reasoning that she was not a party to Etheridge’s habeas case and therefore lacked standing. The Supreme Court of Georgia reversed. It held that a nonparty who is directly affected by a judgment may acquire standing to appeal or seek review of that judgment, especially where the judgment alters the person’s property or restitution rights. Bennett’s motion alleged that the habeas order discharged amounts awarded to her and therefore directly affected her interests. The court did not decide whether her underlying objections were meritorious. It reversed the dismissal and remanded for the habeas court to consider her motion on the merits.

Opinion

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Bennett V. Etheridge — The Atlanta Gleaner