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Holmes-Bracyv.Bracy

CourtSupreme Court of Georgia
Docket No.S17A1682
DecidedDecember 11, 2017
JudgesSupreme Court of Georgia
Tags
CivilFamily LawContract InterpretationStatutory InterpretationAppellate ProcedureSubject Matter JurisdictionReversalRemand
Case Summary

Linda Holmes-Bracy sought to hold her former husband in contempt for failing to pay her half of his military retirement benefits as required by their divorce decree. The trial court concluded that the judgment had become dormant and denied contempt relief. The Supreme Court of Georgia held that the dormancy statute had to be applied separately to the installment payments required by the decree rather than treating the entire obligation as unenforceable without further analysis. Because the trial court had not applied the statute in that manner, its ruling could not stand in full. The court reversed in part and remanded with direction for the trial court to determine which payments remained enforceable and whether the applicable revival rules had been satisfied. The opinion also explained why the Supreme Court retained jurisdiction under the law governing appeals filed before the 2017 appellate-jurisdiction changes.

Opinion

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