Wright v. Young

Summary

The Supreme Court of Georgia considered whether an incarcerated divorce litigant was entitled to notice of the final divorce decree before seeking to set it aside. Because the record did not establish whether notice was provided and the trial court made no findings on that issue, the court vacated the denial of the motion and remanded for findings and further proceedings.

Holdings

1. The notice requirement in OCGA § 15-6-21 (c) applies to final judgments as well as decisions on motions, and the requirement is waived only when the losing party has failed to file any responsive pleadings. Because Wright filed an answer to the divorce complaint, he did not waive notice.
2. When the record does not establish whether the trial court notified the losing party of the final judgment and the trial court makes no findings on that issue, the order denying the motion to set aside must be vacated and the case remanded for findings.
3. If the trial court finds that notice was not given, it must grant the motion to set aside, re-enter the final judgment, and allow the losing party 30 days from re-entry to seek appellate review. If the court finds that notice was given, it should deny the motion to set aside.

Questions Presented

1. Whether the notice requirement in OCGA § 15-6-21 (c), as applied to final judgments, was waived because Wright failed to file responsive pleadings.
2. Whether the trial court could deny Wright's motion to set aside the divorce decree without making findings as to whether notice of the decree had been provided.
3. What relief was required depending on whether the trial court gave notice of the final decree.

Disposition

vacated