Long v. Bolles

Court of Appeals of Georgia

Long v. Bolles

268 S.E.2d 728, 154 Ga. App. 342, 1980 Ga. App. LEXIS 2155

CourtCourt of Appeals of Georgia

DecidedApril 11, 1980

Docket59614

StatusPublished

This text of 268 S.E.2d 728 (Long v. Bolles) 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

Long v. Bolles, 268 S.E.2d 728, 154 Ga. App. 342, 1980 Ga. App. LEXIS 2155 (Ga. Ct. App. 1980).

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Opinion

Shulman, Judge.

Appellee brought a petition for the adoption of the natural child of his wife, the former wife of appellant. On appeal from the grant of such petition, we affirm.

1. Appellee’s motion to dismiss is denied.

2. "The findings of the trial court that [appellant] had 'failed significantly’ for a period of one year or longer immediately prior to the filing of the petition for adoption to provide for the care and support of the child as required by judicial decree, and that he was 'without justifiable cause’ for his failure to make any child support payments for that period, were conclusions which the court was authorized to draw from the evidence

" 'In matters of adoption the superior court has a very broad discretion which will not be controlled by the appellate courts except in cases of plain abuse. [Cits.] Thus, if there is any evidence to support the judgment entered in an adoption proceeding, it must be affirmed by this court. [Cit.]’ [Cit.] Accordingly, the finding that there was an abandonment as contemplated by Code Ann. § 74-405 (a)(l)(2) [cit.] is neither erroneous nor an abuse of discretion.” Banning v. Fiveash, 147 Ga. App. 290, 291 (248 SE2d 553).

Judgment affirmed. Quillian, P. J., and Carley, J., concur. John T. Avrett, for appellee.

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Shulman, Judge.

Appellee brought a petition for the adoption of the natural child of his wife, the former wife of appellant. On appeal from the grant of such petition, we affirm.

1. Appellee’s motion to dismiss is denied.

2. "The findings of the trial court that [appellant] had 'failed significantly’ for a period of one year or longer immediately prior to the filing of the petition for adoption to provide for the care and support of the child as required by judicial decree, and that he was 'without justifiable cause’ for his failure to make any child support payments for that period, were conclusions which the court was authorized to draw from the evidence

" 'In matters of adoption the superior court has a very broad discretion which will not be controlled by the appellate courts except in cases of plain abuse. [Cits.] Thus, if there is any evidence to support the judgment entered in an adoption proceeding, it must be affirmed by this court. [Cit.]’ [Cit.] Accordingly, the finding that there was an abandonment as contemplated by Code Ann. § 74-405 (a)(l)(2) [cit.] is neither erroneous nor an abuse of discretion.” Banning v. Fiveash, 147 Ga. App. 290, 291 (248 SE2d 553).

Judgment affirmed. Quillian, P. J., and Carley, J., concur. John T. Avrett, for appellee.

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Bluebook (online)

268 S.E.2d 728, 154 Ga. App. 342, 1980 Ga. App. LEXIS 2155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-bolles-gactapp-1980.

Opinion

1. Appellee’s motion to dismiss is denied.

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