Weiner v. Goldberg

I dissent.

“Equity considers that done which ought to be done and directs its relief accordingly.” OCGA § 23-1-8 (Code Ann. § 37-106). “Equity does not regard and treat as done what might be done, or what could be done, but only what ought to be done.” Bair v. Willis, 218 Ga. 563, 567 (129 SE2d 774) (1963), quoting Pomeroy, “Equity Jurisprudence,” Vol. 2 (5th Ed.) p. 14, § 365.

I am unable to understand any essential difference between this case and Reeves v. Reeves, 236 Ga. 209 (223 SE2d 112) (1976), and Curtis v. Curtis, 243 Ga. 611 (255 SE2d 693) (1979). In the latter case, we observed: “In…