APPELLATE COURT OPINIONS

The Plaintiffs, Rick Haynes and his wife Karen Haynes, initially sued their adjacent landowners, Defendants John Walker and wife Rosa Mae Walker and Harold Woods. The Plaintiffs sought a declaration that they were entitled to a right-of-way to gain access to tract 8 of the Clint Jones property, a 15.72-acre tract owned by them in Jefferson County. Thereafter, Michael Woods and his wife Paula Young Woods, who acquired a portion of Harold Woods property, were added as party Defendants by an agreed order.

This is a suit to determine the boundary line between the Plaintiffs' and the Defendants' property and to confirm that the Plaintiffs have a right-of-way over the property of the Defendants.

This is a post-divorce proceeding involving the custody of the parties' one minor child, Rex M. Massengale, Jr., whose date of birth is September 20, 1985. The parties were divorced by the "Final Judgment and Decree" of the Dade County, Georgia, Superior Court entered on October 19, 1993. That document approved and adopted the parties' agreement that the child's custody should be vested with his mother, Audrey L. Williamson1 (Mother2). The instant controversy was initiated by the child's father, Rex M. Massengale, Sr. (Father), on November 16, 1994, not quite 13 months after the divorce, when he filed a petition to change the child's custody. After a bench trial, the trial court dismissed the Father's petition. Father appeals, raising two issues:

This is an appeal by petitioner, Frank Bell, from the chancellor's judgment dismissing Mr. Bell's petition for writ of certiorari. The chancellor dismissed the petition on the ground that it "was not timely filed."