Stanley v. Stanley

This is a contempt case brought by the wife against the husband for failure to make payments on a note she alleges it was his duty to pay under their divorce decree. See Stanley v. Stanley, 240 Ga. 856 (242 SE2d 626) (1978). The trial court ruled in favor of the husband. She appeals. We reverse.

1. The trial court did not err in refusing to allow the wife to dismiss her petition. The husband’s answer raised against her an issue of contempt. Under Code Ann. § 81A-141(a), "[i]f a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiffs motion to dismiss, the…