Legal Opinion · Concurrence

Parker v. Eason

Supreme Court of Georgia

Decided March 6, 1995No. S94A1302Published

1ConcurrenceCarley, Justice

I concur in the result of the majority opinion, but not in all that is said therein. The majority implies that it was possible for appellee-Wife to have included a claim for revival of the dormant judgment in her application for a contempt citation against appellant-Husband. In my opinion, this is erroneous.

“[T]he filing of a contempt action is not tantamount to filing a complaint. [Cits.]” Baer v. Baer, 263 Ga. 574, 575 (1) (436 SE2d 6) (1993). An application for a contempt citation is an ancillary motion in the divorce action itself. Phillips v. Brown, 263 Ga. 50, 51 (1) (426 SE2d 866)…

2Cases cited6 opinions

  1. Wannamaker v. CarrSupreme Court of Georgia · 1987
  2. Baer v. BaerSupreme Court of Georgia · 1993
  3. Phillips v. BrownSupreme Court of Georgia · 1993
  4. Watkins v. Citizens & Southern National BankCourt of Appeals of Georgia · 1982
  5. Zerblis v. ZerblisSupreme Court of Georgia · 1977

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