Judgment partially reversed in parties’ divorce case;  trial court erred in concluding severability clause in divorce decree and is ordered to strike that language from judgment on remand;  remaining portions of trial court’s judgment, affirmed; trial court had authority to strike husband’s jury trial demand as proper sanctions for his willful refusal to participate in specially set trial; language in divorce decree regarding treatment of $200K lump sum property division as alimony in event husband files bankruptcy prior to paying amount in full did not change name of award;  trial court did not err under 19-6-2 in including wife’s attorneys’ fees for appellate proceedings during pendency of litigation in its fee award.

Kautter v. Kautter, S09F0958 (10/19/09).

Judgment AFFIRMED in parties’ divorce case; trial court correctly charged jury that gifts of property between spouses during marriage are subject to equitable division; trial court did not err in giving presumption portion of gift charge, since husband claimed that conveyance of legal title to marital home to wife gave rise to equitable trust, so equitable division issue was intertwined with issues of gift and resulting trust.

From:  Fulton County Daily Report (10/16/09)

Coe v. Coe, S09F0808 (10/05/09), 09 FCDR 3147

Attorneys:Martin L. Fierman, Brenda H. Trammell

Judges: Hugh v. Wingfield III, Jasper, Superior Court; Supreme Court of Georgia, Thompson

Grant of partial summary judgment to husband in parties’ divorce case, REVERSED, as fact question remained regarding whether husband disclosed his income to wife prior to execution of prenuptial agreement;  wife did not have duty to inquire as to husband’s financial situation and insufficient evidence existed for Court to conclude as matter of law that parties’ standard of living prior to marriage put wife on notice that husband failed to disclose material facts so as to render nondisclosure immaterial.

From:  Fulton County Daily Report (10/09/09)

Quarles v. Quarles, S09A0928 (09/28/09), 09 FCDR 3046

Attorney:  Terry D. Tolbert, Lawrence L. Washburn III

Judges: Valerie Head, Gwinnett Superior Court; Supreme Court of GA, Carley