Shepherd v. Shepherd, 225 Ga. 455

Summary

The Supreme Court of Georgia considered an appeal from orders denying a motion to vacate and finding the husband in contempt for failing to pay attorney's fees in a divorce, alimony, and child custody case. The court denied dismissal, held that challenges to earlier temporary alimony and contempt orders were untimely, concluded that the record supported the trial court's rulings, and affirmed the judgment.

Holdings

1. The appeal was not subject to dismissal because the notice of appeal and enumeration of errors, considered together, showed that the husband appealed from both May 2, 1969, orders.
2. The challenges to the December 19, 1968, orders were untimely because those temporary alimony and contempt orders were directly appealable and the time for appealing them had expired before the May 8, 1969, notice of appeal was filed.
3. The trial court's orders were upheld because the husband failed to provide a transcript or other affirmative record evidence establishing that the December 19 orders were entered without due notice.
4. Service was legally sufficient under the circumstances because the citation and order were mailed to the husband's attorneys and the husband was personally served before the May 2 contempt order.

Questions Presented

1. Whether the appeal should be dismissed because the notice of appeal did not accurately identify the May 2, 1969, orders being challenged.
2. Whether the husband's challenges to the December 19, 1968, temporary alimony, property, and contempt orders were timely.
3. Whether the record established that the December 19 orders were entered without adequate notice to the husband.
4. Whether service of the contempt citation on the husband's attorneys by mail and personal service on the husband sufficiently complied with the governing service statute.

Disposition

affirmed