Thompson v. Thompson , 241 Ga. App. 616 ( 1999 )

Pope, Presiding Judge,

concurring specially.

I agree with the majority that the Florida court never had subject matter jurisdiction to determine custody of the children. But in my opinion, the question of whether Florida divorce proceedings supersede custody determinations in Georgia separate maintenance actions is therefore moot. Because the Florida court never had jurisdiction of custody issues, it could not make any custody ruling that might supersede an earlier ruling.