Order incarcerating appellant for contempt arising from her divorce decree, REVERSED, as trial court erred in incarcerating appellant based only upon letter from opposing counsel asserting that she had not complied with terms of trial court’s October 15, 2008 order – incarceration of contumacious party cannot depend upon mere averments of interested party; res judicata did not bar appellant’s appeal, because she appealed order entered subsequent to her prior appeal.

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

Bauman v. Humphries, A09A1096 (09/29/09), 09 FCDR 3185

Attorneys:  David Cole, Allen W. Bodiford

Judges:  Brian Amero, Henry Superior Court;  Blackburn, Boyle, Adams, Georgia Court of Appeals