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Walker v. Blackwell

A judgment that is not void on its face for lack of jurisdiction is not subject to collateral attack.

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Esler C. and Angie G. Walker filed a “Petition to Vacate a Void Judgment” in the Superior Court of Muscogee County. The Walkers sought to vacate a judgment entered by the Superior Court of Carroll County,1 awarding Bill Blackwell punitive damages and attorney’s fees against the Walkers in the total amount of $307,000. Their petition asserted that the judgment is void on its face because it reflects an award of punitive damages without an underlying award of compensatory damages. The Muscogee County Superior Court dismissed the petition as an impermissible collateral attack under OCGA § 9-11-60. We affirm.

OCGA § 9-11-60 a provides:

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