Cooper v. Cooper

169 S.E.2d 324, 225 Ga. 462, 1969 Ga. LEXIS 531

• Court: Supreme Court of Georgia
• Decided: July 15, 1969
• Docket: 25198
• Status: Published

Opinions

Per Curiam.

A former wife appeals from a finding that her former husband is not in contempt of court for failure to pay her alimony. The proceeding began when Eloise M. Cooper filed in the Superior Court of Cobb ■ County a petition to punish for contempt against Robert Charles Cooper, alleging that he had wilfully failed to pay a named amount required by a divorce and alimony decree of that court.

Both parties submitted evidence by interrogatories, in which they took diverse positions, and the former wife submitted an affidavit in support of her contentions.

As we appraise it, the evidence was conflicting on the material issues, to wit, whether she was self-supporting, and if not, whether his failure to pay the amount required to be paid in that event was wilful.

However, we conclude that the trial judge’s finding was authorized by the evidence.

There is no merit in the former wife’s contention that the judgment in the former husband’s favor is erroneous because it was made pursuant to a motion for summary judgment filed by him and that the conflicts in the evidence did not authorize a summary judgment in his favor. It does not appear that the former wife was denied the right to submit further evidence, whether by testimony or otherwise. Thus, while in the form of a summary judgment proceeding, what actually transpired was a hearing on the petition for contempt. A judgment correct for any reason will not be reversed. In the situation here it would be an act of futility to send the case back for another hearing in view of the evidence already presented and the judge’s evaluation of it as shown in the judgment.

Judgment affirmed.

All the Justices concur, except Mobley and Grice, JJ., who dissent.