Supreme Court of Georgia, 1978

Scocca v. Wilt

Supreme Court of Georgia · Decided May 17, 1978 · Jordan

245 S.E.2d 295; 241 Ga. 334; 1978 Ga. LEXIS 948 (South Eastern Reporter, Second Series)

Cases that cite this one

9 later published cases cite this decision.

Ledee v. Kissiah (Ga. Ct. App. 1994)
Barmore v. Himebaugh (Ga. Ct. App. 1992)
Scocca v. Wilt (Ga. 1979)
United States v. Fleet Factors Corp. (United States District Court for the Southern District of Georgia 1993)
Fidelity National Bank v. Wood (Ga. Ct. App. 1986)
Jack Grant, Jr., Evelyn H. Grant, and All Other Persons Similarly Situated v. General Electric Credit Corporation (11th Cir. 1985)
Reis v. Ralls (Ga. 1983)
Williams v. Ford Motor Credit Co. (Ala. 1983)
Rogers v. Associates Commercial Corp. (Ariz. Ct. App. 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Jordan, Justice.

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.

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.

Judgment reversed and remanded.

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.