Dorminy v. Dorminy, 33877

Decision Date04 October 1978
Docket NumberNo. 33877,33877
Citation242 Ga. 326,249 S.E.2d 49
PartiesDORMINY v. DORMINY.
CourtGeorgia Supreme Court

Yancey, Perkins & Barnick, Howard E. Yancey, Jr., Nashville, for appellant.

Reinhardt, Whitley & Sims, Glenn Whitley, Tifton, for appellee.

HILL, Justice.

This is an appeal from that portion of the final judgment and decree of divorce between the parties which awarded custody of the parties' minor child to the former wife. Appellant argues that reversal is mandated by the trial judge's seemingly placing the burden of proof on the father and his reference in that order to the special place of a mother's love. The trial court also stated that "both parties are fit and proper persons to have custody of their minor child and that the interests of the child will be best served by awarding permanent custody of said child to the plaintiff mother." This is the appropriate test, a decision right for any reason will not be set aside, and we find no abuse of discretion. Code Ann. § 74-107; Harris v. Harris, 240 Ga. 276, 240 S.E.2d 30 (1977).

Judgment affirmed.

All the Justices concur, except JORDAN, J., who concurs in the judgment only.

To continue reading

Request your trial
12 cases
  • Stills v. Johnson
    • United States
    • Georgia Supreme Court
    • July 10, 2000
    ...v. Head, 90 Ga.App. 601, 83 S.E.2d 683 (1954). 13. OCGA § 19-9-3; Dyche v. Dyche, 218 Ga. 833, 131 S.E.2d 104 (1963); Dorminy v. Dorminy, 242 Ga. 326, 249 S.E.2d 49 (1978). 14. 194 Ga. 689, 22 S.E.2d 514 15. Dissent, p. 702. 16. Brooks v. Parkerson, 265 Ga. 189, 194, 454 S.E.2d 769 (1995). ......
  • Tower Financial Services, Inc. v. Smith
    • United States
    • Georgia Court of Appeals
    • July 8, 1992
    ...v. Coyner, 187 Ga.App. 109, 113(2), 369 S.E.2d 298 (1988). A decision right for any reason will not be set aside. Dorminy v. Dorminy, 242 Ga. 326, 249 S.E.2d 49 (1978). Judgment affirmed in Case Nos. A92A0068 and BIRDSONG, P.J., and BEASLEY, J., concur. 1 There is no dispute between the par......
  • Jordan v. State
    • United States
    • Georgia Court of Appeals
    • November 1, 1993
    ...court below which is right for any reason will be affirmed and the denial of Jordan's motion to suppress is affirmed. Dorminy v. Dorminy, 242 Ga. 326, 249 S.E.2d 49 (1978). 2. Jordan's third enumeration claims error in the denial of her motion for mistrial based on the state's failure to di......
  • Colquitt v. Network Rental, Inc., A89A2123
    • United States
    • Georgia Court of Appeals
    • March 13, 1990
    ...fees and costs under OCGA § 13-6-11, which is not present. However, a decision right for any reason will be affirmed. Dorminy v. Dorminy, 242 Ga. 326, 249 S.E.2d 49 (1978); Harper v. Mayor, etc., of Savannah, 190 Ga.App. 637, 638(1), 380 S.E.2d 78 (1989). Therefore, the merits of the claim ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT