McGONIGAL v. McGONIGAL

No. A08A0944.

669 S.E.2d 446 (2008)

McGONIGAL v. McGONIGAL.

Court of Appeals of Georgia.

November 7, 2008.


Attorney(s) appearing for the Case

Callner, Portnoy & Strawser, Kathy L. Portnoy, Womble, Carlyle, Sandridge & Rice, George William Long III, Atlanta, for appellant.

Davis, Matthews & Quigley, Richard W. Schiffman Jr., Kurt Allen Kegel, David Neil Marple, Atlanta, and Matthew Robert Thiry, for appellee.


BARNES, Chief Judge.

After the grant of a discretionary appeal under OCGA § 5-6-35(a)(2), Patrick Sean McGonigal challenges the dismissal of his action for money had and received against his former wife Deborah A. McGonigal. Mr. McGonigal alleges that Ms. McGonigal refused to return certain money that he paid her mistakenly under the belief that it was owed under a provision of the parties' divorce settlement agreement, which had been incorporated into their...

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