Keith v. Keith, 37833

Decision Date27 January 1982
Docket NumberNo. 37833,37833
PartiesKEITH v. KEITH
CourtGeorgia Supreme Court

Jerry Willis, Richter, Willis & Keeble, LaGrange, for William Larry keith.

James W. Lewis, Marietta, for Anita Madden Keith.

SMITH, Justice.

Appellee brought a contempt action alleging that appellant, her former husband, was violating the custody provisions of the divorce decree. The trial court found appellant in contempt, imposed a fine and sentence, and awarded attorney fees to appellee. We granted appellant's application for discretionary appeal in order to review the award of attorney fees.

"Attorney fees are not recoverable in a contempt proceeding concerning only child custody or visitation rights. Code Ann. § 30-202.1(a) (Ga.L.1979, pp. 466, 473) [Cits.]." Smith v. Smith, 244 Ga. 230, 231, 259 S.E.2d 480 (1979). Accordingly, the award of attorney fees is reversed.

Although appellant has raised several other enumerations of error, none is meritorious.

Judgment affirmed in part; reversed in part.

All the Justices concur, except WELTNER, J., not participating.

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3 cases
  • Thedieck v. Thedieck
    • United States
    • Georgia Court of Appeals
    • March 15, 1996
    ...involving only child custody or visitation rights, see Smith v. Smith, 244 Ga. 230, 231(2), 259 S.E.2d 480 (1979); Keith v. Keith, 248 Ga. 819, 286 S.E.2d 434 (1982), OCGA § 19-6-2(a)(1) has been amended to allow these fees. See Ga.L.1985, pp. 877-878. The statute specifically provides that......
  • Aycock v. Aycock, 39329
    • United States
    • Georgia Supreme Court
    • June 7, 1983
    ...court. Kight v. Kight, 242 Ga. 563, 250 S.E.2d 451 (1978); OCGA § 19-6-2 (Code Ann. § 30-202.1). Appellant relies on Keith v. Keith, 248 Ga. 819, 286 S.E.2d 434 (1982), and Smith v. Smith, 244 Ga. 230, 259 S.E.2d 480 (1979), which hold that attorney fees are not allowable where the contempt......
  • West v. Barnes, 41835
    • United States
    • Georgia Supreme Court
    • February 20, 1985
    ...fees may not be recovered in contempt proceedings in which the only issue is child custody or visitation rights. Keith v. Keith, 248 Ga. 819, 286 S.E.2d 434 (1982). Judgment affirmed in part, reversed in All the Justices concur. ...

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