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GA appellant failed to support his first claim with citation to authority or argument.

Posted Oct.04, 2010 by Cynthia J. Remboldt, Esq., under Appeal, Child Support, Transcripts, Visitation

 Appeals, Child Support, Transcript, vistation

Order awarding mother child support and providing father with certain visitation rights, AFFIRMED; absent transcript, trial court’s judgment was presumably correct; appellant failed to support his first claim with citation to authority or argument.

Sebby v. Costo, A07A2138 (03/05/08), 08 FCDR 795

Fulton County Daily Report, 03/21/2008

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Husband could not show harm from lack of service of wife’s amended complaint, adding allegations of cruelty and adultery, only two days before trial.

Posted Jul.18, 2010 by Cynthia J. Remboldt, Esq., under Appeal, Divorce, Transcripts

 Appeals, Divorce, Transcript

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)

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Denial of appellant’s motion for contempt and emergency change of custody, AFFIRMED, as some evidence supported trial court’s ruling that appellee was not in contempt.

Posted Jul.12, 2010 by Cynthia J. Remboldt, Esq., under Appeal, Child Support, Contempt, Custody, Modification, Transcripts

 Child Support, Civil Contempt; Child Custody, Transcript

Denial of appellant’s motion for contempt and emergency change of custody, AFFIRMED, as some evidence supported trial court’s ruling that appellee was not in contempt; though parties’ divorce decree did not award child support due to appellant’s then existing health problems, it did not debar appellee from exercising his legitimate right to seek child support at some future time and appellant failed to show that change in custody was necessary or in child’s best interest; absent transcript, evidence presumably supported trial court’s ruling, in any event; after trial court declined to award any child support in divorce action, appellee filed action for child support through Child Support Enforcement Office, which entered order granting support from appellant, though order was later temrinated to to appellant’s health problems.

Jones v. Foster, A10A0278 (05/03/2010), 10 FCDR 1527

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

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In GA all judgments or orders in child custody cases are directly appealable

Posted Mar.17, 2010 by Cynthia J. Remboldt, Esq., under Appeal, Capacity, Custody, Jurisdiction, Transcripts

 Capacity, Child Custody, direct appeal, Jurisdicton, Transcript

Judgment granting father’s motion to enforce settlement agreement pertaining to child custody and visitation and awarding him primary physical custody of his two children, AFFIRMED; absent transcript, trial court presumably did not err in rejecting mother’s claims that she did not assent to settlement’s terms and lacked capacity to contract at time in question due to medical condition;  Court had jurisdiction over direct appeal of matter, since relevant legal action for jurisdictional purposes was father’s motion to enforce settlement agreement, which he filed after 2007 amendment to OCGA § 5-6-34 providing that all judgments or orders in child custody cases are directly appealable – and not divorce complaint, which was filed prior to amendment.

Martinez v. Martinez, A10A0248 (11/24/09), 09 FCDR 3955

From:  Fulton County Daily Report, 12/18/2009.

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