Todd v. Todd

Supreme Court of Georgia

Todd v. Todd

203 S.E.2d 480, 231 Ga. 647, 1974 Ga. LEXIS 1171

CourtSupreme Court of Georgia

DecidedJanuary 28, 1974

Docket28540

StatusPublished

Cited by2 cases

This text of 203 S.E.2d 480 (Todd v. Todd) 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

Todd v. Todd, 203 S.E.2d 480, 231 Ga. 647, 1974 Ga. LEXIS 1171 (Ga. 1974).

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Opinion

Nichols, Justice.

In December 1972 Bobbie Martin Todd filed an action against Donnie D. Todd in which she sought a divorce, custody of the couple’s minor child and an award of described property as support in lieu of monthly alimony and child support payments. No responsive pleadings were filed by the defendant until May 1973 when he filed a "Motion to Open Default Based Upon Providential Cause” and an answer to the plaintiffs complaint. Prior to any ruling on the motion to open the default the defendant struck such motion. The plaintiff then filed a motion to dismiss the defendant’s answer to the original complaint which was overruled. This judgment was certified for immediate review. Held:

In Johnston v. Still, 225 Ga. 222 (167 SE2d 646), this court dealt with the effect of the Civil Practice Act (Ga. L. 1966, p. 609), and [648]*648the amendments thereto, including the amendment to Code Ann. § 30-113 (Ga. L. 1967, pp. 226, 246) as the same relates to divorce and alimony cases. Under this decision and the citations contained therein it is not error to permit the defendant in a divorce proceeding to file defensive pleadings more than 30 days after service of the complaint. Accordingly, the trial court did not err in overruling the plaintiffs motion to dismiss the defendant’s answer based upon such ground.

Submitted January 2, 1974 Decided January 28, 1974. M. Francis Stubbs, for appellant. Harry R. DeLoach, for appellee.

Judgment affirmed.

All the Justices concur.

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Nichols, Justice.

In December 1972 Bobbie Martin Todd filed an action against Donnie D. Todd in which she sought a divorce, custody of the couple’s minor child and an award of described property as support in lieu of monthly alimony and child support payments. No responsive pleadings were filed by the defendant until May 1973 when he filed a "Motion to Open Default Based Upon Providential Cause” and an answer to the plaintiffs complaint. Prior to any ruling on the motion to open the default the defendant struck such motion. The plaintiff then filed a motion to dismiss the defendant’s answer to the original complaint which was overruled. This judgment was certified for immediate review. Held:

In Johnston v. Still, 225 Ga. 222 (167 SE2d 646), this court dealt with the effect of the Civil Practice Act (Ga. L. 1966, p. 609), and [648]*648the amendments thereto, including the amendment to Code Ann. § 30-113 (Ga. L. 1967, pp. 226, 246) as the same relates to divorce and alimony cases. Under this decision and the citations contained therein it is not error to permit the defendant in a divorce proceeding to file defensive pleadings more than 30 days after service of the complaint. Accordingly, the trial court did not err in overruling the plaintiffs motion to dismiss the defendant’s answer based upon such ground.

Submitted January 2, 1974 Decided January 28, 1974. M. Francis Stubbs, for appellant. Harry R. DeLoach, for appellee.

Judgment affirmed.

All the Justices concur.

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203 S.E.2d 480, 231 Ga. 647, 1974 Ga. LEXIS 1171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/todd-v-todd-ga-1974.

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