Berman v. Berman, s. 28504
| Citation | 231 Ga. 723,204 S.E.2d 124 |
| Decision Date | 06 February 1974 |
| Docket Number | 28505,Nos. 28504,s. 28504 |
| Parties | Merrill BERMAN v. Donna Blank BERMAN. Donna Blank BERMAN v. Merrill BERMAN. |
| Court | Supreme Court of Georgia |
Manning, Read & Richardson, Charles D. Read, Jr., Curtis R. Richardson, Decatur, for appellant.
Kaler, Karesh & Frankel, Glenville Haldi, Atlanta, for appellee.
Syllabus Opinion by the Court
The parties were divorced in 1972 in DeKalb Superior Court and the mother was awarded custody of the three minor children subject to visitation rights in the father. On July 6, 1973, the mother filed a motion for contempt and a motion to modify the visitation schedule. After a hearing on August 9, the trial court entered an order on August 10, 1973, finding the father in contempt for certain arrearages and providing that he might purge himself by paying same on or before certain specified dates. The order also changed the Wednesday night visitation hours from 6 to 8:30 p.m., as provided in the original decree, to 6 to 8:00 p.m. The father appeals (Case No. 28504) and the mother filed a cross appeal (Case No. 28505). Held:
1. We find no merit in appellant's contention that the judgment is void in that the motions were not heard by the judge listed on the schedule provided under the rules of DeKalb Superior Court. The judge who entered the order succeeded the judge who entered the original decree, and had entered other orders in the case without objection by the appellant. No harmful error has been shown by the appellant.
2. The trial court did not err in requiring appellant to pay one child's expense at the Holy Innocents School under a provision of the decree relating to expenses for 'special' schooling. This particular schooling was recommended by the child's psychiatrist. Nor did the court err in so ruling as to tuition in a Hebrew School and summer school.
3. The evidence amply supports the conclusion that the appellant was in contempt for certain arrearages in alimony and child support payments and that the appellant was not unable to pay.
4. The appellant being a resident of Fulton County, the trial court was without jurisdiction or authority to alter the visitation rights of appellant in this contempt proceeding. See Beach v. Beach, 224 Ga. 701, 164 S.E.2d 114; Herrington v. Herrington, 131 Ga. 177, 200 S.E.2d 867.
5. The other enumerations of error are without merit.
6. The wife's sole enumeration on her cross appeal, Case...
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Berman v. Rubin, 51940
...wife (an aggregate of 60% of his excess earnings). The trial court's order holding Dr. Berman in contempt was affirmed in Berman v. Berman, 231 Ga. 723, 204 S.E.2d 124. Subsequent to this construction, Dr. Berman sued Mr. Rubin for misrepresentation and malpractice. As to Court 1, alleging ......
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Berman v. Berman
...fees. This is the fifth appearance of this case in this court. See Berman v. Berman, 231 Ga. 216, 200 S.E.2d 870; Berman v. Berman, 231 Ga. 723, 204 S.E.2d 124; Berman v. Berman, 231 Ga. 727, 204 S.E.2d 125, and Berman v. Berman, 232 Ga. 342, 206 S.E.2d The present order stems from the fail......
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Leroux v. Avera, A89A1065
...which had accrued subsequent to the entry of the contempt judgment. Held: "The rule in this state, as applied in Berman v. Berman, 231 Ga. 723(6) (204 SE2d 124) (1974), is that in a proceeding to hold a party in contempt for failure to make alimony and child-support payments under a divorce......