ELLINGTON, Judge.
Following the grant of his application for discretionary review, Kirk DeYoung Seeley ("the father") appeals from an order of the Superior Court of Gwinnett County that modified a prior custody order by placing primary physical custody of Seeley's daughter with his former wife, Kerol Diane Seeley ("the mother"). The father contends the trial court erred in denying his motion to dismiss the mother's counterclaim pursuant to OCGA § 19-9-23 and...
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