Scocca v. Wilt

Marshall, Justice.

In Scocca v. Wilt, 241 Ga. 334 (245 SE2d 295) (1978), this court held as follows: "This is an appeal from an order of the trial court dismissing the appellant’s appeal for delay in payment of costs in an action seeking to hold the husband-appellee in contempt for failure to pay alimony and child support.

"The record fails to show that the appellant was given notice and an opportunity for a hearing prior to the order of the court granting the appellee’s motion to dismiss. As we read Code Ann. § 6-809 (b) [Ga. L. 1965, pp. 18, 29, as amended] the appellant was entitled to an…