Supreme Court of Georgia, 1981

Miller v. Miller

Supreme Court of Georgia · Decided February 10, 1981 · Marshall

247 Ga. 114; 276 S.E.2d 324; 1981 Ga. LEXIS 636

Cases that cite this one

2 later published cases cite this decision.

Groves v. Groves (Ga. 1983)
Smith v. North Carolina Department of Public Safety (District Court, W.D. North Carolina 2022)

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 of the Court

Marshall, Justice.

Under Carter v. Carter, 241 Ga. 335 (245 SE2d 292) (1978), the plaintiff in a divorce action may voluntarily dismiss under Code Ann. *115§ 81 A-141 (a), even after a temporary child custody award has been made to a third person, if the dismissal is effected before the filing of either the temporary order or a counterclaim by the defendant. This is essentially what happened here — temporary child custody being awarded to the appellant-plaintiff-wife and the appellee-defendant-husband on an alternating monthly basis. Accordingly, we hold that the trial judge erred in ordering the wife’s dismissal opened and in holding her in contempt of the temporary order.

Decided February 10, 1981. Jesse G. Bowles III, for appellant. Ronnie J. Lane, for appellee.

Judgment reversed.

All the Justices concur.

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