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242 Ga. 339

249 S.E.2d 22

Johnson v. Johnson

Supreme Court of Georgia

Decided September 28, 1978

Supreme Court of Georgia · decided 1978-09-28

Key passage — most relied on by later courts

“Without a transcript of the proceedings below, we must assume that the evidence supports the trial court's 'Findings of Fact.' These findings adequately support the trial court's judgment as to the award of alimony.”

quoted by 1 later decision, including State v. Brienza

Relies on Crocker v. Crocker · Thornhill v. Thornhill · Hardin v. Hardin

Good law ✅— No negative treatment on recordhow we know

Decided 1978-09-28

How this case has been cited

Cited by 7 later decisions — most recently June 2019

7 state decisions

2019781980199020002010decided

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.

View the full empirical analysis of this case →

Bowles, Justice.

¶1 This is an appeal by the husband from an order of the Superior Court of Fulton County which granted the wife custody of the two minor children of the marriage and ordered the husband to pay $55 per week, per child for their support, $150 per month to the wife as periodic alimony, and further ordered the husband to pay all outstanding debts incurred during the marriage.

*340 Argued September 11, 1978 Decided September 28, 1978 Rehearing denied October 16, 1978. Kingloff, Clifford & Travis, J. Stephen Clifford, for appellant. Edward M. Saginar, for appellee.

¶2 On appeal the husband contends that the trial court’s award is excessive as a matter of law "based upon the uncontroverted testimony regarding his financial status and circumstances.”

¶3 Although there is no transcript of the evidence adduced at the trial of this case, the record does contain the trial court’s "Findings of Fact” which the court ordered filed as a part of the pleadings in this case and considered in conjunction with the court’s final order and judgment. Without a transcript of the proceedings below, we must assume that the evidence supports the trial court’s "Findings of Fact.” Ramon v. Ramon, 232 Ga. 97 (205 SE2d 311) (1974). These findings adequately support the trial court’s judgment as to the award of alimony. See Hardin v. Hardin, 241 Ga. 241 (244 SE2d 868) (1978); Thornhill v. Thornhill, 237 Ga. 900 (230 SE2d 284) (1976).

¶4 Judgment affirmed.

All the Justices concur.
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