Nicol v. Nicol
| Decision Date | 07 February 1978 |
| Docket Number | No. 33154,33154 |
| Parties | James Lee NICOL v. Mary Coslow NICOL. |
| Court | Georgia Supreme Court |
Jack P. Turner, Atlanta, for appellant.
Westmoreland, Hall, McGee & Warner, P. Joseph McGee, Atlanta, for appellee.
While the appeal of the final judgment in the divorce case of these parties was pending in this court, 1 appellant was found in contempt for failure to comply with the temporary child support order, 2 which remained in effect while the permanent decree was superseded. This is the appeal from the contempt citation, and modifications of the temporary order made at the same time.
1. Appellee urges that we dismiss this case as moot in light of our affirmance of the final decree. That decree provides for larger alimony and child support payments than the temporary decree. If the final decree is effective as of the date judgment was rendered, and the greater permanent alimony and child support payments came due during the appeal, then it is argued, appellant owes more than the amount he was ordered to pay in the contempt citation.
The effect of the supersedeas of the final judgment was to suspend all proceedings for the enforcement of the judgment, and when the judgment was affirmed it had full force and effect as of the date it was entered. Tanner v. Wilson, 184 Ga. 628, 633-634, 192 S.E. 425 (1937), and cases cited. The greater sums for permanent alimony and child support which came due during the pendency of the appeal must be paid, subject to a set-off of temporary alimony and child support paid for the same time period.
It appears that rather than owing just $160.00 in back temporary child support payments, appellant may owe substantially more in back permanent child support payments. Likewise, rather than owing $20.00 more per month in temporary alimony under the modification of the temporary order he complains of, appellant may owe $50.00 more per month for the entire pendency of the appeal. However, this appeal is not moot.
If for no other reason, this case is not moot because appellant was ordered to pay $250.00 in attorney fees because of the finding of wilful contempt. This award was not made as additional temporary alimony but rather as compensation for fees incurred in the contempt. Therefore, we consider the merits of the appeal.
2. No notice was given of the hearing on contempt of the temporary child support order. In fact, there was no motion before the court to hold appella...
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Robinson v. Robinson
...with proper adjustments for any payments made pursuant to a temporary award during the pendency of the appeal. In Nicol v. Nicol, 240 Ga. 673, 242 S.E.2d 129 (1978), the permanent awards of alimony and child support were greater than the temporary awards, the final decree was affirmed on ap......
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Cale v. Cale, 58586
...with which we are presented. Our constitutional duty is to obey and follow the rulings of the highest court of this state. Nicol v. Nicol, 240 Ga. 673, 242 S.E.2d 129 is controlling here. In that case, the final decree provided for larger alimony and child support payments than the temporar......
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Brochin v. Brochin, A08A1138.
...may award attorney fees in contempt proceeding involving child visitation rights). 5. OCGA § 5-6-35(h). 6. See Nicol v. Nicol, 240 Ga. 673, 674(1), 242 S.E.2d 129 (1978) (appeal of order to pay attorney fees incurred in contempt action held not to be 7. See McGahee v. Rogers, 280 Ga. 750, 7......
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Gladney v. Bearden, s. 35059
...trial court denying the motion had the effect of affirming the final judgment and decree as of the date it was entered. Nicol v. Nicol, 240 Ga. 673, 242 S.E.2d 129 (1978). 2. The trial court did not abuse its discretion regarding payment of the alimony and sale of the parties' marital 3. Th......