Dethero v. Dethero

Supreme Court of Georgia

Dethero v. Dethero

238 S.E.2d 402, 239 Ga. 610, 1977 Ga. LEXIS 1269

Supreme Court of Georgia·Decided September 8, 1977·No. 32268·Published

Opinion

Jordan, Justice.

In this divorce action the wife appellee was awarded $300 per month as temporary alimony, $343 per month for each of 2 children, and $2,500 attorney fees. Husband appellant appeals.

We find no error. Evidence shows appellant owns corporate stock valued at $250,000 which paid $10,000 dividends in 1976; take home salary of approximately $720 per month; and savings accounts of approximately $18,000.

This court has consistently held that an award of temporary alimony and attorney fees will not be disturbed unless there is a flagrant or manifest abuse of discretion by the trial court. Shepherd v. Shepherd, 231 Ga. 257 (200 SE2d 893) (1973); Johnson v. Johnson, 236 Ga. 647 (225 SE2d 36) (1976). We find no such abuse here though the evidence shows that appellee has a substantial separate estate and income.

Judgment affirmed.

All the Justices concur. Mitchell, Mitchell, Coppedge, Boyett & Wester, Warren N. Coppedge, Jr., Elliott, Goode, Jenne & Varnell, Robert W. Varnell, Jr., for appellant. Dennis D. Watson, for appellee.

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Jordan, Justice.

In this divorce action the wife appellee was awarded $300 per month as temporary alimony, $343 per month for each of 2 children, and $2,500 attorney fees. Husband appellant appeals.

We find no error. Evidence shows appellant owns corporate stock valued at $250,000 which paid $10,000 dividends in 1976; take home salary of approximately $720 per month; and savings accounts of approximately $18,000.

This court has consistently held that an award of temporary alimony and attorney fees will not be disturbed unless there is a flagrant or manifest abuse of discretion by the trial court. Shepherd v. Shepherd, 231 Ga. 257 (200 SE2d 893) (1973); Johnson v. Johnson, 236 Ga. 647 (225 SE2d 36) (1976). We find no such abuse here though the evidence shows that appellee has a substantial separate estate and income.

Judgment affirmed.

All the Justices concur. Mitchell, Mitchell, Coppedge, Boyett & Wester, Warren N. Coppedge, Jr., Elliott, Goode, Jenne & Varnell, Robert W. Varnell, Jr., for appellant. Dennis D. Watson, for appellee.

Dethero v. Dethero, 238 S.E.2d 402, 239 Ga. 610, 1977 Ga. LEXIS 1269 (Ga. 1977).

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