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Becky Prescott Sullivanv.Karen Bunnell Et Al.

CourtCourt of Appeals of Georgia
Docket No.A16A1619
DecidedFebruary 21, 2017
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawCivil ProcedureStatutory InterpretationReversalDirect Appeal
Case Summary

Becky Sullivan sought to hold Karen Bunnell in contempt of a Georgia divorce decree after Bunnell, acting under a power of attorney for her father, stopped transmitting his retirement payments to Sullivan. The trial court dismissed the action against Bunnell, finding no personal jurisdiction and no subject-matter jurisdiction to hold her in contempt of a decree to which she was not a party. The Court of Appeals reversed. It held that the allegations that Bunnell acted as the father’s agent in Georgia and participated in the conduct underlying the alleged violation were sufficient to support personal jurisdiction at the pleading stage. The court also held that the trial court had authority to entertain a contempt proceeding concerning a Georgia divorce decree; the question was whether Sullivan had stated a claim against Bunnell, not whether the court lacked subject-matter jurisdiction. The appellate court did not decide whether Bunnell was actually liable for contempt or whether the payments were excused by the father’s incapacity. The dismissal was reversed. Two judges concurred.

Opinion

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