Cunnane v. Cunnane, 31409
| Decision Date | 29 September 1976 |
| Docket Number | No. 31409,31409 |
| Parties | Sherba Frost CUNNANE v. William Gabriel CUNNANE. |
| Court | Georgia Supreme Court |
Jack P. Turner, Robert G. Wellon, Nelson G. Turner, Atlanta, for appellant.
Cohen, Traub & Mackin, Dennis S. Mackin, Atlanta, for appellee.
This appeal arises from a complaint in which the former wife sought a modification of alimony and child support payments. The parties were divorced in April, 1973 and the present complaint was filed in October, 1975. After hearing evidence, the trial court found that no material modification in the husband's income had occurred since the divorce was granted and denied the former wife any additional alimony and child support. The appeal is from this judgment and the record contains five enumerations of error, each of which raises the same basic issue, to wit: the evidence demanded a finding that the alimony and child support should be increased.
1. While not enumerating it as error, the appellant contends that the judgment of the trial court should be reversed with direction that a finding of fact and conclusion of law be entered in this case as required by Code Ann. § 81A-152(a). In support of such contention the appellant cites the decisions of this court in Doyal Development Co., Inc. v. Blair, 234 Ga. 261, 215 S.E.2d 471 (1975) and Githens v. Githens, 234 Ga. 715, 217 S.E.2d 291 (1975).
Under the decision in Jardine v. Jardine, 236 Ga. 323(1), 223 S.E.2d 668 (1976) where no enumeration of error is directed to the contention that the trial court erred in not including a finding of fact and conclusions of law, this court will not reverse the judgment of the trial court upon such ground. See also Brown v. Brown, 237 Ga. 201, 227 S.E.2d 360 (1976).
2. While the evidence in this case may have authorized an increase in the amount of alimony and child support which the former husband was required to pay, such evidence did not demand that the judgment be modified so as to require the former husband to make larger payments of alimony and child support than was required by the original decree based upon an agreement between the parties.
Judgment affirmed.
All the Justices concur.
To continue reading
Request your trial
-
Wood v. Dan P. Holl & Co.
...pp. 645, 646; 1970, pp. 170, 171)) plaintiff has directed no enumeration of error to this issue. See in this regard Cunnane v. Cunnane, 237 Ga. 650(1), 229 S.E.2d 431. Regardless of the absence of the findings of fact and conclusions of law the record clearly displays the trial court's reas......
-
Northside Realty Associates, Inc. v. Peachtree Mortgage Corporation.
...law in a judgment, the failure is not a reversible error. Jardine v. Jardine, 236 Ga. 323(1), 223 S.E.2d 668 (1976); Cunnane v. Cunnane, 237 Ga. 650, 229 S.E.2d 431 (1976). Where error was enumerated on the failure to comply with Code Ann. § 81A-152, this court has handled the cases in diff......
-
Lavender v. Myers, 57692
...law in a judgment, the failure is not a reversible error. Jardine v. Jardine, 236 Ga. 323(1), 223 S.E.2d 668 (1976); Cunnane v. Cunnane, 237 Ga. 650, 229 S.E.2d 431 (1976)." Accordingly, as the format of the judgment has not been attacked it has been Plaintiff failed to file a transcript of......
- Homans v. Street