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Allifi v. Raider

The appellee could not use the existence of his voluntary acknowledgment of paternity, which he signed the day after the child's birth, as a basis to set aside the trial court's original judgment denying his petition to legitimate the child, since it was clear that the appellee was aware of the acknowledgement when he filed his legitimation petition and he should have brought it to the trial court's attention then.

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These consolidated appeals arise from Jonas Raider’s petition to legitimate his then two-year-old son, and the subsequent petition of the child’s step-father to adopt the child. The trial court denied the legitimation petition, and this Court subsequently denied Raider’s application for discretionary review. Thereafter, Raider filed a motion to set aside judgment pursuant to OCGA § 9-11-60 d 1, on the ground that the superior court lacked jurisdiction over the legitimation petition based on Raider’s prior acknowledgment of legitimation pursuant to OCGA § 19-7-22 g 2. The superior court granted Raider’s motion to set aside, and concurrently denied step-father Ben Green’s pending petition to adopt the child. These consolidated appeals ensued.

In Case No. A13A0758, Jessica Allifi, the child’s mother, contends that the trial court erred in granting Raider’s motion to aside the final judgment denying his legitimation petition.1 In Case No. A13A0759, Green also challenges the trial court’s order granting Raider’s motion. For the reasons that follow, we reverse and remand.

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