The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Brandy N. Stonev.Steven W. Stone

CourtCourt of Appeals of Georgia
Docket No.A20A1814
DecidedJanuary 29, 2021
JudgesCourt of Appeals of Georgia
Tags
CivilFamily LawProperty LawContract InterpretationCivil ProcedureReversal
Case Summary

Steven Stone sought contempt relief against his former wife, Brandy, alleging that she had failed to pay obligations concerning the marital home under their divorce decree. After a hearing, the trial court found that Brandy was substantially behind on homeowners’ association fees, taxes, and insurance and ordered the parties to sell the residence. Brandy sought discretionary appellate review. The Court of Appeals held that the trial court’s sale order improperly modified the divorce decree. The decree gave Brandy possession of the home, assigned her specified expenses, and did not make a sale conditional on her performance. Even if Brandy owed money or had violated the decree, the trial court could enforce the existing obligations but could not rewrite the property settlement by compelling a sale. The court reversed the order. It did not reach whether Brandy was in contempt because that question was unnecessary to the disposition.

Opinion

Loading published copy…

The Far Side
Brandy N. Stone V. Steven W. Stone — The Atlanta Gleaner