Scocca v. Wilt

Decided May 17, 1978

Supreme Court of Georgia · decided 1978-05-17

Key passage — most relied on by later courts

“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.”

quoted by 1 later decision, including Scocca v. Wilt

Good law ✅— No negative treatment on recordhow we know

Decided 1978-05-17

How this case has been cited

Cited by 9 later decisions — most recently December 1994

2 federal appellate · 6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Jordan, Justice.

¶1 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.

¶2 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) the appellant was entitled to an opportunity for a hearing on the appellee’s motion to dismiss for delay in payment of costs. The case is therefore remanded to the trial court to conduct a hearing on the motion to dismiss after notice to the appellant.

*335 Submitted April 21, 1978 Decided May 17, 1978. John D. Varnell, for appellant. B. J. Smith, for appellee.

¶3 Judgment reversed and remanded.

All the Justices concur.