Lupo v. Long

Court of Appeals of Georgia

Lupo v. Long

245 S.E.2d 73, 145 Ga. App. 876, 1978 Ga. App. LEXIS 2170

CourtCourt of Appeals of Georgia

DecidedMay 9, 1978

Docket55436

StatusPublished

Cited by6 cases

This text of 245 S.E.2d 73 (Lupo v. Long) 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

Lupo v. Long, 245 S.E.2d 73, 145 Ga. App. 876, 1978 Ga. App. LEXIS 2170 (Ga. Ct. App. 1978).

Pincite

Opinion

Smith, Judge.

The appellant Lupo appeals from the denial of his petition for contempt brought against Long. We affirm.

1. "Since an application for contempt does not come within the definition of a pleading, it is necessarily a motion as defined in Code Ann. § 81A-107(b), and the provisions of Code Ann. § 81A-152 which require findings of fact and conclusions of law by the trial court, are not applicable to motions.’’ Hines v. Hines, 237 Ga. 755, 756 (229 SE2d 744) (1976). There is no merit in the enumeration complaining of the court’s failure to enter findings of fact and conclusions of law.

*877 Submitted March 1, 1978 Decided May 9, 1978. Mary M. Young, for appellant. Tillman, Brice, McTier, Coleman & Talley, George T. Talley, for appellee.

2. The second enumeration contends, "The evidence was sufficient to support the appellant’s claim that the appellee had violated the injunction and was in contempt of court.” We agree. But the evidence was likewise sufficient to support the appellee’s claim that he had not violated the injunction and was not in contempt. The court’s resolution of this dispute was not without evidentiary support and therefore will not be disturbed.

Judgment affirmed.

Deen, P. J., andBanke, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI