Ellis v. Ellis, 286 Ga. 625

Summary

The Georgia Supreme Court affirmed a divorce judgment entered on the pleadings after the wife failed to file responsive pleadings. The court held that her failure waived notice of the final hearing under OCGA § 9-11-5(a), and distinguished cases involving express assurances of notice or extraordinary efforts to proceed without an opposing party. Three justices dissented, concluding that the property division lacked sufficient evidentiary support and that the proceedings were fundamentally unfair.

Holdings

1. A defendant in a divorce action who fails to file responsive or defensive pleadings waives notice of the time and place of the final hearing and entry of judgment under OCGA § 9-11-5(a).
2. The alleged agreement by Husband's former counsel to provide notice did not require reversal because no similar assurance was made by the trial court, Wife was represented by counsel, and the circumstances did not fall within the exceptions recognized in Anderson, Green, or related cases.
3. The majority held that the trial court had an evidentiary basis for its ruling because the record included Husband's verified complaint, Domestic Relations Financial Affidavit, motion for final judgment, and other materials, and Wife did not challenge the sufficiency of the evidence on appeal.

Questions Presented

1. Whether a divorce defendant who files no responsive pleadings waives notice of the final hearing under OCGA § 9-11-5(a).
2. Whether alleged assurances or agreements by opposing counsel required notice despite the statutory waiver.
3. Whether the trial court could enter a judgment on the pleadings without an evidentiary hearing based on verified pleadings, affidavits, or other permitted materials.

Disposition

affirmed