Narrative Opinion Summary
A plaintiff in a divorce action may voluntarily dismiss their case under Georgia law, even after a temporary child custody order has been issued to a third party, provided the dismissal occurs before the filing of the temporary order or a counterclaim by the defendant. In this case, temporary custody was awarded to the appellant-wife and appellee-husband on an alternating monthly basis. The trial judge erred by reopening the wife's dismissal and holding her in contempt of the temporary order. The judgment is reversed, with all Justices concurring. Representation included Jesse G. Bowles III for the appellant and Ronnie J. Lane for the appellee. Decision date: February 10, 1981.
Legal Issues Addressed
Temporary Child Custody Orderssubscribe to see similar legal issues
Application: In this case, temporary custody was awarded on an alternating monthly basis, but the trial judge improperly reopened the dismissal, leading to a reversal of the decision.
Reasoning: The trial judge erred by reopening the wife's dismissal and holding her in contempt of the temporary order. The judgment is reversed, with all Justices concurring.
Voluntary Dismissal of Divorce Action Under Georgia Lawsubscribe to see similar legal issues
Application: A plaintiff in a divorce action can voluntarily dismiss the case even after a temporary child custody order has been issued, provided the dismissal occurs before the filing of the temporary order or a counterclaim by the defendant.
Reasoning: A plaintiff in a divorce action may voluntarily dismiss their case under Georgia law, even after a temporary child custody order has been issued to a third party, provided the dismissal occurs before the filing of the temporary order or a counterclaim by the defendant.