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Dobson v. Dobson

Citations: 156 S.E.2d 72; 223 Ga. 432; 1967 Ga. LEXIS 555Docket: 24136

Court: Supreme Court of Georgia; June 22, 1967; Georgia; State Supreme Court

Narrative Opinion Summary

In this case, a divorce was sought by Mrs. Annette Green Dobson, who additionally pursued permanent alimony and attorney's fees from her husband, William J. Dodson. Dodson countered with a total divorce request, citing cruel treatment and adultery. Before the jury's verdict, Mrs. Dobson amended her petition to include $3,000 in attorney's fees but requested a hearing post-verdict. The jury granted a total divorce to Dodson on March 23, 1967. Subsequently, Dodson moved to dismiss the attorney's fees application, arguing the court's lack of jurisdiction per precedents like Hewlett v. Hewlett. Despite his motion, the trial court awarded Mrs. Dobson $1,000 in attorney's fees after a post-verdict hearing. The Supreme Court of Georgia reversed this award, emphasizing the trial court's lack of jurisdiction due to the post-verdict hearing. The court underscored the necessity of adhering to the procedural requirement that applications for attorney's fees be heard prior to a jury's verdict. The decision was unanimously concurred by all justices, thus reversing the lower court's judgment regarding attorney's fees and the motion to dismiss.

Legal Issues Addressed

Jurisdiction for Attorney's Fees in Divorce Proceedings

Application: The court determined that it lacked the authority to award attorney's fees because the application was not heard before the jury rendered its verdict.

Reasoning: The Supreme Court of Georgia found that the trial court did not have the authority to award attorney's fees since the application was not heard prior to the jury's verdict, which violated the established legal principle regarding the timing of such awards.

Timing of Hearings for Attorney's Fees

Application: The requirement is that hearings for attorney's fees must occur before the jury's verdict to ensure jurisdiction is maintained, which was not adhered to in this case.

Reasoning: The court noted that while Mrs. Dobson's request for fees was made before the verdict, the hearing occurred after, thus lacking jurisdiction.