Blue v. Blue, S05F0825.

Decision Date30 June 2005
Docket NumberNo. S05F0825.,S05F0825.
Citation615 S.E.2d 540
PartiesBLUE v. BLUE.
CourtGeorgia Supreme Court

Dale A. Wren, Carlisle, Wren, McClurg, L.L.P., Sugar Hill, for Appellant.

Harry H. Harkins, Jr., Atlanta, for Appellee.

THOMPSON, Justice.

We granted wife's application for a discretionary appeal pursuant to this Court's pilot project in domestic cases. Because wife cannot demonstrate error, we affirm.

Husband sued wife for divorce. At the commencement of the final hearing, the parties announced that they reached a settlement with regard to the marital residence and the division of personal property. Thereupon, the court heard evidence and argument of counsel on the remaining issues of custody, visitation, child support, alimony and attorney fees. At the conclusion of the hearing, the court awarded joint legal custody of the children to the parties and set forth a visitation schedule. The court declined to award child support to either party in light of the joint custody arrangement and the fact that the wife "has income potential roughly equivalent to [husband's]." It also declined to award alimony, and it ordered each party to bear his or her own attorney fees. Wife filed a motion for new trial, a motion to set aside judgment, and a motion to enforce agreement, in which she asserted that, prior to the final hearing, the parties announced that they entered into a settlement agreement as to all issues, except transportation of the children for visitation purposes. The trial court denied the motions, observing that they were not supported by the facts "as reflected by the trial court's notes and specific reflections of the events which took place in court." This discretionary appeal followed.

1. Wife asserts the trial court erred in finding that her earning capacity is approximately equal to husband's. However, the final hearing was not transcribed and, in the absence of a transcript of the evidence, we must presume that the evidence supports the judge's findings. Leitzke v. Leitzke, 239 Ga. 17, 235 S.E.2d 500 (1977). "Unless some authorized means is used to bring the evidence to this court on appeal, we cannot determine whether enumerations of error, which require consideration of the evidence, have any merit or not." (Punctuation omitted.) Id. at 18, 235 S.E.2d 500.

2. Likewise, in view of the lack of a transcript, we cannot consider wife's contention that the parties reached a settlement which was announced in court and which should have been enforced. See ...

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21 cases
  • In re Interest of H. B.
    • United States
    • Georgia Court of Appeals
    • 8 Junio 2018
    ...is necessary to review the claimed error, we will assume that the evidence is sufficient and affirm. Id. ; see also Blue v. Blue , 279 Ga. 550, 550 (1), 615 S.E.2d 540 (2005) ("[I]n the absence of a transcript of the evidence, we must presume that the evidence supports the judge’s findings.......
  • Kautter v. Kautter
    • United States
    • Georgia Supreme Court
    • 19 Octubre 2009
    ...to support this award, in the absence of a transcript of the bench trial, we presume the evidence was sufficient. Blue v. Blue, 279 Ga. 550(1), 615 S.E.2d 540 (2005). 4. In his final three enumerations, Husband challenges the award of attorney fees to (a) The trial court did not abuse its d......
  • Rose v. Waldrip
    • United States
    • Georgia Court of Appeals
    • 12 Julio 2012
    ...the absence of a transcript of the [hearing], we must presume that the evidence supports the trial court's findings." Blue v. Blue, 279 Ga. 550(1), 615 S.E.2d 540 (2005). See also Terry v. Burley, 312 Ga.App. 860, 860(1), 720 S.E.2d 309 (2011). Judgment affirmed in part and reversed and rem......
  • Spurlin v. Spurlin.
    • United States
    • Georgia Supreme Court
    • 3 Octubre 2011
    ...matters) cannot be reviewed.’ [Cits.]” Holmes v. Roberson–Holmes, 287 Ga. 358, 360(1), 695 S.E.2d 586 (2010). See also Blue v. Blue, 279 Ga. 550, 615 S.E.2d 540 (2005). However, the required assumption that an adequate evidentiary basis exists for the trial court's orders does not automatic......
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1 books & journal articles
  • Domestic Relations - Barry B. Mcgough and Gregory R. Miller
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 58-1, September 2006
    • Invalid date
    ...124. Id. Sec. 19-6-15(c)(1). 125. 279 Ga. 767, 621 S.E.2d 461 (2005). 126. Id. at 767, 621 S.E.2d at 462. 127. 279 Ga. 550, 615 S.E.2d 540 (2005). 128. Id. at 550, 615 S.E.2d at 540. 129. Id. 130. Id., 615 S.E.2d at 541 (citing Leitzke v. Leitzke, 239 Ga. 17, 18, 235 S.E.2d 500, 501 (1977))......

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