Pierce v. Pierce

Supreme Court of Georgia

Pierce v. Pierce

240 S.E.2d 67, 240 Ga. 289, 1977 Ga. LEXIS 1479

CourtSupreme Court of Georgia

DecidedNovember 8, 1977

Docket32953

StatusPublished

Cited by1 cases

This text of 240 S.E.2d 67 (Pierce v. Pierce) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pierce v. Pierce, 240 S.E.2d 67, 240 Ga. 289, 1977 Ga. LEXIS 1479 (Ga. 1977).

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Opinion

Jordan, Justice.

This appeal arises from an order awarding temporary alimony, child support and attorney fees to the appellee. Appellant contends that based on the needs of his wife and his ability to pay the amount awarded by the order is an abuse of the trial judge’s discretion.

During the preliminary hearing on the issues of temporary alimony and child custody, the trial judge had for his consideration the sworn financial data reports and the oral testimony of both parties and entered the award based on this evidence. Some, but not all, of the evidence considered is before this court on appeal.

No transcript of the evidence introduced at the hearing was recorded. Based solely on the information contained in the parties’ financial data reports, it appears that the trial judge’s order was excessive and amounted to an abuse of his discretion. However, since this court has no record before it of the oral testimony offered by both parties, it must be assumed that such testimony, taken together with the information supplied on the financial data reports justified this award by the trial judge, acting within his discretion. Towe v. Towe, 238 Ga. 350 (232 SE2d 839) (1977).

Judgment affirmed.

All the Justices concur.

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Jordan, Justice.

This appeal arises from an order awarding temporary alimony, child support and attorney fees to the appellee. Appellant contends that based on the needs of his wife and his ability to pay the amount awarded by the order is an abuse of the trial judge’s discretion.

During the preliminary hearing on the issues of temporary alimony and child custody, the trial judge had for his consideration the sworn financial data reports and the oral testimony of both parties and entered the award based on this evidence. Some, but not all, of the evidence considered is before this court on appeal.

No transcript of the evidence introduced at the hearing was recorded. Based solely on the information contained in the parties’ financial data reports, it appears that the trial judge’s order was excessive and amounted to an abuse of his discretion. However, since this court has no record before it of the oral testimony offered by both parties, it must be assumed that such testimony, taken together with the information supplied on the financial data reports justified this award by the trial judge, acting within his discretion. Towe v. Towe, 238 Ga. 350 (232 SE2d 839) (1977).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

240 S.E.2d 67, 240 Ga. 289, 1977 Ga. LEXIS 1479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pierce-v-pierce-ga-1977.

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