Judgment in this contempt case AFFIRMED; 21.9 acres, which surrounded parties’ 5-acre residential parcel, was not encompassed in their final judgment and divorce decree, and thus remained joint property; trial court did not improperly modify its decree, when it clarified that its reference in in decree to marital residence at stated address meant only 5-acre tract on which parties’ home sat, and not surrounding 21.9 acres, which parties also owned; appellant’s own actions belied his contention that marital residence described both tracts of land, since parties’ agreement provided that appellant would ‘
refinance the marital residence in his name only,”‘ which he did, refinancing debt on only 5-acre tract and its attendant house, appellant did not seek contempt citation until two years after appellee executed quitclaim deed to 5-acre tract, and he twice paid half taxes on 21.9-acre parcel, after appellant executed that deed; appellant’s contention that opinion in Messadi v. Messadi, 282 Ga. 126 (2007), stood for proposition that language, marital residence at stated address, required that term also encompass 21.9-acre tract on basis that it was never assigned street address different from that of lot upon which house sat, rejected, since fact that adjacent lot in Messaadi had separate address, and was not embraced by award of marital residence located at stated address, did not mean that use of term martial residence in concert with specific address would necessarily embrace separate lot when there not separate address.

Gonzales v. Crocket, S10A0452 (06/28/2010), 10 FCDR 2066

From:  Fulton County Daily Report (07/09/2010.

Judgment, AFFIRMED, in parties’ divorce action; record belied husband’s contention that terms of parties’ oral settlement agreement were still in dispute, since husband testified that he knew agreement would be set forth on record and did not object to any terms when wife’s attorney stated them on record and, thus, trial court did not err in finding that agreement existed between parties or in making agreement part of final decree; trial court did not abuse its discretion in DENYING husband’s request for attorney’s fees.

Sponsler v. Sponsler, S10F0299 (06/28/2010), 10 FCDR 2064

From:  Fulton County Daily Report 07/09/2010.

Judgment and final divorce decree arising from parties’ common law marriage, AFFIRMED; Georgia recognizes valid common law marriages from other states, Alabama law applied with respect to common law marriage in this case and evidence, though conflicting, satisfied Alabama criteria for common law marriage; trial court did not err in admitting evidence of parties; conduct after they moved to Gerogia, since their cohabitation and public recognition of their marriage could corroborate other evidence of prior agreement to marry in Alabama; trial court lacked authority to credit appellant for his pre-trial payments of temporary alimony against final award; trial court had authority to enter October 22, 2009 judgment nunc pro tunc to April 7, 2009 and to order appellant’s monthly lump-sum alimony installments to begin on June 1, 2009 and, in any event, appellant benefitted from that order, since his monthly lump-sum payments were $500 less than his monthly temporary alimony payments; Courts had no jurisdiction to consider trial court’s December 1, 2009 contempt order, even if nunc pro tunc to November 19, 2009 provision of that order was proper, since trial court entered that order subsequent to final divorce decree and appellant’s enumeration regaruding contempt order was not redicated on proper and timely appeal.

Norman v. Ault, S10F0874 (06/07/2010), 10 FCDR 1821

From:  Fulton County Daily Report (06/18/2010)

Denial of husband’s motion to set aside judgment in parties’ divorce case and his motion for new trial, AFFIRMED 5-2; evidence presumably supported trial court’s ruling in absence of transcription, and in any event, wife, in her pro se response, directly challenged husband’s factual assertion that providential cause prevented him from attending divorce trial; absent transcription and in light of trial court’s order granting divorce based on ground that marriage was irretrievably broken, husband could not show harm from service of wife’s amended complaint, adding allegations of crueltry and audltery, only two days before trial.

Holmes v. Roberson-Holmes, S10F0130 (05/17/2010), 10 FCDR 1607

From:  Fulton County Daily Report (05/28/2010)

Judgment in parties’ divorce action, AFFIRMED; trial court did not err in entering final divorce decree, after listening to attorneys state, without contradiction from other side, what their evidence would show, if formally presented; husband’s contention that no evidence supported trial court’s judgment, rejected, since attorneys are officers of court, and their statements, in lieu of live testimony and other evidence, if not objected to,  serve same function as evidence.

Rank v. Rank, S10F0032 (05/03/2010), 10 FCDR 1527

From:  Fulton County Daily Report (05/14/2010)

Judgment AFFIRMED in parties’ divorce action; trial court DID NOT abuse its discretion in awarding wife $50K in lump sum alimony, since evidence supported trial court’s findings regarding husband’s income level; trial court DID NOT abuse its discretion in determining that home in Tattnall county was wife’s separate property, since husband quitclaimed any interest he had in property to wife prior to their second marriage; trial court DID NOT abuse its discretion in awarding wife her retirement account, given trial court’s diligent separation of parties’ assets and overall asset distribution; trial court DID NOT err in calculating child support; evidence of husband’s adulterous acts during parties’ second marriage revived his prior acts during their first marriage as admissible evidence; trial court DID NOT abuse its discretion in awarding wife attorneys’ fees; husband had reasonable notice that trial court would consider wife’s contempt claims based on unpaid child support at divorce trial.

Wood v. Wood, S07F1474 (01/08/08), 08 FCDR 66

From:  Fulton County Daily Report (01/25/08)

Denial of summary judgment to decedent’s ex-wife, REVERSED, in A09A1876; denial of summary judgment to decedent’s son and executor to his estate, AFFIRMED, in A09A1877; trial court erred in denying summary judgment to ex-wife in her declaratory judgment action, even though settlement agreement between ex-wife and decedent after their divorce divested ex-wife of any interest in any account in decedent’s name, since agreement did not divest ex-wife of her interest as death beneficiary to certificate of deposit account – no language in agreement waived ex-wife’s expectancy interest as death beneficiary.

Frier v. Frier, A09A1876, A09A1877 (02/25/2010), 10 FCDR 576.

From:  Fulton County Daily Report, 03/12/2010.

Denial of husband’s motion for a new trial, REVERSED, as trial court harmfully erred in denying husband’s motion without holding required hearing for oral argument; denial of husband’s motion to set aside judgment, AFFIRMED, trial court presumably ruled correctly, because husband did not present evidence showing that judgment was void on grounds that wife was not domiciled in Georgia for sex months prior to filing of divorce complaint.

Kuriatnyk v. Kuriatnyk, S09F2030 (03/01/01), 10 FCDR 521

From:  Fulton County Daily Report, 03/12/2010.

Contempt judgment against appellant, REVERSED, to extent that it required sale of marital residence on basis that appellant did not remove his ex-wife’s name from mortgage within 30 days of remarrying as required in their 2007 divorce decree; trial court permissibly modified divorce decree by requiring appellant to sell marital residence, since such order modified property division provision of divorce decree; decree awarded exclusive ownership of home to appellant and nother in decree explicitly or implicitly required him to see house to satisfy condition that he remove appellee from mortgage; ruling did not mean that trial court was left with no effective means of enforcing divorce decree as trial court cold order appellant to pay appellee significant sum every day until he purges his contempt; evidence supported trial court’s ruling that  appellant willfully disobeyed divorce decree as appellant waited until five days before his weddng to inquire about possible avenues for removing appellee’s name from mortgage and complying with decree’s clear terms.

Darroh v. Willis, S09A1623 (03/01/10), 10 FCDR 518

From:  Fulton County Daily Report, 3/12/2010.

Judgment in child support case, VACATED, as trial court erred in awarding child support without making required written findings under OCGA § 19-6-15(c)(2); trial court erred in ruling that both parties would be responsible for their own attorneys’ fees, since parties agreed that party found in contempt of consent order would be responsible for payment of other party’s attorneys’ fees and trial court found mother in contempt; case remanded with direction that trial court enter order consistent with § 19-6-15 and award of attorneys’ fees consistent with parties’ agreement.

Roberts v. Tharp, S09A1961 (03/01/10), 10 FCDR 516.

From:  Fulton County Daily Report, 03/12/2010)