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.

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.