Morrison v. Morrison., 153 Ga. App. 818, 266 S.E.2d 521 (1980)

Georgia Court Of Appeals, (February 04, 1980)

Docket number: 59341
ARGUED

BANKE, Judge. - ARGUED
Permanent Link: http://vlex.com/vid/morrison-v-20469301
Id. vLex: VLEX-20469301

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Summary:

Judgment affirmed. McMurray, P.J., and Smith, J., concur.

Text:

John R. Calhoun, Kran Riddle, for appellee.Alton D. Kitchings, David H. Fritts, for appellant.

This appeal is from an order of the state court denying appellant's traverse and awarding appellee judgment on a garnishment affidavit filed to collect a temporary alimony award. Appellant contends that enforcement of the alimony award by garnishment is improper because the order of the superior court granting the award limited its enforcement to contempt proceedings only. He also argues that the court erred in entertaining the garnishment proceeding because the judgment upon which the garnishment was based was on appeal to the Supreme Court. Held:

1. Although appellant offered no evidence at the hearing, the trial court considered the superior court's alimony award, and copies are part of the record here. The clear language in no way suggests the limitation contended for by appellant. Both contempt and garnishment are appropriate methods of enforcing a temporary alimony award. Herring v. Herring, 138 Ga. App. 145 (225 SE2d 697) (1976).

3. Appellant also argues that his "appeal" acts as supersedeas rendering the garnishment award in error. In view of our holding that the trial court acted properly in enforcing the garnishment affidavit, this argument is moot.

4. The motion of appellee to assess 10 percent damages for delay under the provisions of Code Ann. 6-1801 has been carefully considered and is denied.

1980

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