Sanchez v. Pritchard

Supreme Court of Georgia

Sanchez v. Pritchard

273 S.E.2d 613, 247 Ga. 26, 1981 Ga. LEXIS 594

CourtSupreme Court of Georgia

DecidedJanuary 16, 1981

Docket36845

StatusPublished

Cited by1 cases

This text of 273 S.E.2d 613 (Sanchez v. Pritchard) 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

Sanchez v. Pritchard, 273 S.E.2d 613, 247 Ga. 26, 1981 Ga. LEXIS 594 (Ga. 1981).

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Opinion

Per curiam.

We granted this discretionary appeal to review the order entered on the former wife’s motion for contempt. In its order, the trial court conditioned her former husband’s obligation to pay her sums due under the final judgment and decree of divorce upon her returning a guitar, some headphones and a rocking chair to the former husband. The original judgment awarded certain items of personalty to her and certain other items of personalty to him, but made no mention of the guitar, headphones and rocking chair.

The trial court had no authority in the contempt proceedings to modify and condition the terms of the original judgment. Lindwall v. Lindwall, 242 Ga. 13, 14 (3) (247 SE2d 752) (1978); Kiplinger v. Kiplinger, 242 Ga. 465 (3) (249 SE2d 254) (1978).

Judgment reversed.

All the Justices concur, except Gregory, J., not participating.

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Per curiam.

We granted this discretionary appeal to review the order entered on the former wife’s motion for contempt. In its order, the trial court conditioned her former husband’s obligation to pay her sums due under the final judgment and decree of divorce upon her returning a guitar, some headphones and a rocking chair to the former husband. The original judgment awarded certain items of personalty to her and certain other items of personalty to him, but made no mention of the guitar, headphones and rocking chair.

The trial court had no authority in the contempt proceedings to modify and condition the terms of the original judgment. Lindwall v. Lindwall, 242 Ga. 13, 14 (3) (247 SE2d 752) (1978); Kiplinger v. Kiplinger, 242 Ga. 465 (3) (249 SE2d 254) (1978).

Judgment reversed.

All the Justices concur, except Gregory, J., not participating.

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Bluebook (online)

273 S.E.2d 613, 247 Ga. 26, 1981 Ga. LEXIS 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-pritchard-ga-1981.

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