Lewis v. Lewis

Court of Appeals of Georgia

Lewis v. Lewis

280 S.E.2d 437, 158 Ga. App. 322, 1981 Ga. App. LEXIS 2171

CourtCourt of Appeals of Georgia

DecidedApril 16, 1981

Docket59913; 59914

StatusPublished

This text of 280 S.E.2d 437 (Lewis v. Lewis) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lewis v. Lewis, 280 S.E.2d 437, 158 Ga. App. 322, 1981 Ga. App. LEXIS 2171 (Ga. Ct. App. 1981).

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Opinion

Deen, Presiding Judge.

These cases are appeals from the orders of the trial court in two child custody hearings. The case was first decided by this court in 154 Ga. App. 853 (269 SE2d 919) (1980) holding that, as between a parent and a third party the case cannot, under Mathis v. Nicholson, 244 Ga. 106 (259 SE2d 55) (1979) be decided on the determinative basis of what the trial court concludes is for the best interests of the child. The Supreme Court on certiorari felt that this court had not gone far enough, and stated certain rules to be applied in making a decision. The Supreme Court also, while vacating the judgment of this court, agreed that the case must be remanded to the trial court for further proceedings. We accordingly adopt the opinion of the Supreme Court, and direct that,the judgment of the trial court be vacated and a new order entered consonant with what is ruled in that opinion.

Judgment vacated and remanded with direction.

Birdsong and Sognier, JJ., concur.

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Deen, Presiding Judge.

These cases are appeals from the orders of the trial court in two child custody hearings. The case was first decided by this court in 154 Ga. App. 853 (269 SE2d 919) (1980) holding that, as between a parent and a third party the case cannot, under Mathis v. Nicholson, 244 Ga. 106 (259 SE2d 55) (1979) be decided on the determinative basis of what the trial court concludes is for the best interests of the child. The Supreme Court on certiorari felt that this court had not gone far enough, and stated certain rules to be applied in making a decision. The Supreme Court also, while vacating the judgment of this court, agreed that the case must be remanded to the trial court for further proceedings. We accordingly adopt the opinion of the Supreme Court, and direct that,the judgment of the trial court be vacated and a new order entered consonant with what is ruled in that opinion.

Judgment vacated and remanded with direction.

Birdsong and Sognier, JJ., concur.

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Bluebook (online)

280 S.E.2d 437, 158 Ga. App. 322, 1981 Ga. App. LEXIS 2171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-lewis-gactapp-1981.

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