NICOL v. NICOL., 240 Ga. 673, 242 S.E.2.d 129 (1978)
Linked as:
Summary
Judgment reversed. All the Justices concur.
Summary
Judgment reversed. All the Justices concur.
Text
Jack P. Turner, for appellant.
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failure to comply with the temporary child support order, [2] which remained in effect while the permanent decree was superseded.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, 217 Ga. 67, 72 (121 SE2d 125) (1961).
Westmoreland, Hall, McGee and Warner, P. Joseph McGee, for appellee.
1978
Notes:
1. Nicol v. Nicol, 240 Ga. 384 (240 SE2d 703) (1977).
2. Appellant complied with the temporary alimony order.
Sponsored links
