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245 Ga. 695

Walters v. Walters

Supreme Court of Georgia

Decided April 23, 1980

Supreme Court of Georgia · decided 1980-04-23

Cited by 3 later decisions — most recently January 1999

3 state decisions

Relies on Harris v. Harris · Mabry v. Mabry

Good law ✅— No negative treatment on recordhow we know

Decided 1980-04-23

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Jordan, Presiding Justice.

¶1On January 2, 1980, the Muscogee Superior Court entered a judgment holding William Everett Walters, the appellant, in contempt of court for failure to comply with the following terms of a final domestic relations decree: the duty to pay child support and the duty to return to Zonya G. Walters, the former wife and appellee, certain items of personalty awarded to her as a division of property. The appellant filed his notice of appeal from the judgment of contempt on January 3, 1980. We dismiss said notice of appeal for failure of the appellant to comply with Code Ann. § 6-701.1 (Supp. 1979).

¶2A notice of appeal from a judgment of contempt regarding a domestic relations decree is subject to dismissal if the appellant fails to file said notice within ten days after an order is issued granting an application for such appeal. Harris v. Harris, 245 Ga. 75 (263 SE2d 113) (1980); Mabry v. Mabry, 245 Ga. 512 (1980).

¶3Since the present appellant failed to secure the *696prerequisite application for appeal (by failing to file said application within thirty days of entry of the complained of judgment), his notice of appeal is hereby dismissed.

Submitted March 21, 1980Decided April 23, 1980.Elkins & Flournoy, T. M. Flournoy, Jr., for appellant.David L. Hirsch, for appellee.

¶4Appeal dismissed.

All the Justices concur.
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