Harper v. Smith

404 S.E.2d 120, 261 Ga. 286

• Court: Supreme Court of Georgia
• Decided: May 15, 1991
• Docket: S91A0053
• Status: Published

Opinion

Smith, Presiding Justice.

The parties were divorced on September 22, 1989 and on January 25, 1990 the appellant, Mrs. Harper, filed a contempt action against the appellee, Mr. Smith. The appellee answered and counterclaimed seeking to have portions of the original divorce decree vacated. The trial court vacated a part of the decree. We granted the appellant’s application for discretionary appeal and requested the parties to address the issue of whether the trial court erred “by striking the promissory-note requirement from the divorce decree.” We hold that the trial court did err, and we reverse.

A trial court has no authority, in a contempt proceeding, to modify a final judgment and divorce decree. Sells v. Eilender, 251 Ga. 463 (306 SE2d 662) (1983). That portion of the trial court order that vacated the promissory-note requirement was a modification of the final judgment and decree and must be reversed. The remaining portions of the contempt order are unaffected.

Judgment reversed.

All the Justices concur. Decided May 15, 1991 — Reconsideration denied June 7, 1991. Shelby A. Outlaw, for appellant. Wallace & Moss, Howard P. Wallace, for appellee.