Dismissal of father’s new/amended contempt application concerning mother’s alleged violation of his visitation rights, REVERSED; father had right under O.C.G.A. ยง 5-6-34 as amended to directly appeal dismissal of his contempt motion, father’s new contempt motion gave mother adequate notice of nature of his claim and trial court’s sua sponte dismissal without hearing did not afford father due process; mother’s contention that trial court lacked personal jurisdiction was meritless, even though mother had moved out of state, since father’s properly served prior contempt motion was still pending when he served mother with new/amended motion and father’s service of new/amended motion on mother’s attorney of record in prior pending action was sufficient to confer personal jurisdiction.
Dennis v. Dennis, A10A0500 (03/10/10), 10 FCDR
From the Fulton County Daily Report, 3/26/2010.