Brady v. Brady, s. 26877
| Decision Date | 11 February 1972 |
| Docket Number | 26878,Nos. 26877,s. 26877 |
| Citation | 187 S.E.2d 258,228 Ga. 617 |
| Parties | Joseph A. BRADY v. Lowrie H. BRADY (two cases). |
| Court | Georgia Supreme Court |
Westmoreland, Hall & Bryan, John L. Westmoreland, P. Joseph McGee, Atlanta, for appellant.
Jack P. Turner, C. Fulton Brackett, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
In these two appeals the wife brought an action for alimony and other relief against her husband; the husband then filed a separate action for divorce; the wife's response asked for a divorce; the cases were tried together by the court without a jury by agreement, and, after hearing much evidence, the court entered a decree in both cases granting divorce, permanent alimony to the wife, unpaid temporary alimony, attorney's fees to the wife, and a one-half undivided interest in certain real estate to the wife.
The husband has appealed, complaining of two alleged errors below: (1) the trial court overruled his motion to reconsider the attorney's fees award, and (2) the trial court overruled his motion for a new trial as amended.
1. With respect to the attorney's fees issue, we have reviewed the record and transcript; they contain ample evidence to support the award made by the trial judge, and it was not error for him to overrule the motion for reconsideration. In Curtis v. Curtis, 173 Ga. 111, 159 S.E. 862 (1931), this court said: "In applications for temporary alimony upon conflicting evidence, the discretion of the judge of the superior court as to the amount of the allowance will not be controlled, unless there is an abuse of discretion. The allowance of attorney's fees in applications for divorce or alimony is a necessary provision to enable the wife to properly protect her interests, which has been recognized from the earliest times. In the allowance of attorney's fees, while the financial condition of the husband must have due weight with the court, still, except in cases where the husband is unable to pay a fee, or more than merely nominal compensation, the allowance for attorney's fees should be sufficient to insure to the wife proper legal representation by a competent attorney; and the exercise of a sound legal discretion in applying these principles in the allowance of attorney's fees will not be disturbed.' Preston v. Preston, 160 Ga. 200, 127 U.S. 860.'
2. With respect to the overruling of the amended motion for new trial, it was not error to overrule the usual general grounds and the...
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