GA Supreme Court reversed the denial of motion for new trial.

The Supreme Court reversed the denial of Michelle Vaughn’s motion for new trial following the entry of the final order granting primary physical custody of her two children to former husband David Davis, holding that the trial court erred in relying on evidence adduced at a temporary custody hearing in violation of the rule set forth in Pace v. Pace, 287 Ga. 899 (2010). The record and the trial court’s final order explicitly established that the trial court relied on evidence from the temporary hearing, and there was no indication that either party was notified of this reliance in advance.

Vaughn v. Davis, S11A1950 (01/09/12)

Fulton County Daily Report, January 13, 2012

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