Phillips v. Phillips

THIGPEN, Judge.

This is an original petition for a writ of mandamus.

Donna Kay Phillips filed for divorce in Etowah County. Her attorney filed, along with the complaint for divorce, an answer and waiver, a settlement agreement, several child support guideline forms, a wage withholding order, and a document referred to as a “deposition” of the husband. The documents were presented to the trial judge by an employee of the attorney, along with a proposed order granting the divorce and approving the settlement agreement. The trial judge refused to sign the proposed order without hearing testimony.…