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Whitaker v. Whitaker

Supreme Court of Georgia
Sep 28, 1976
229 S.E.2d 603 (Ga. 1976)

Opinion

31268.

ARGUED JULY 12, 1976.

DECIDED SEPTEMBER 28, 1976. REHEARING DENIED OCTOBER 19, 1976.

Divorce, etc. Hart Superior Court. Before Judge Williford.

Carey C. Carter, Jr., for appellant.

Harper Matthews, Robert D. Matthews, for appellee.


The wife in this divorce case was granted upon evidence, without notice to her husband, a final judgment forty-five days after he was served, but filed no answer. On the same day he sought to reopen the judgment under Code Ann. § 81A-155 which allows for the reopening of default as a matter of right within 15 days after the answer is due. His motion was denied and he appeals claiming the divorce was premature, and defective on its face under Code Ann. § 81A-160 (d) because the record does not show he was notified of the hearing prior to judgment. We have decided these issues before and on the basis of this authority affirm the judgment of the trial court. Bradberry v. Bradberry, 232 Ga. 651 ( 208 S.E.2d 469) (1974); Harris v. Harris, 228 Ga. 562 ( 187 S.E.2d 139) (1972). See Newton v. Newton, 226 Ga. 440 ( 175 S.E.2d 543) (1970); Manning v. Manning, 223 Ga. 202 ( 154 S.E.2d 226) (1967).

The forty-fifth day was a Saturday, thus effectively fell on the following Monday. Code Ann. § 81A-106 (a).

Judgment affirmed. All the Justices concur.


ARGUED JULY 12, 1976 — DECIDED SEPTEMBER 28, 1976 — REHEARING DENIED OCTOBER 19, 1976.


Summaries of

Whitaker v. Whitaker

Supreme Court of Georgia
Sep 28, 1976
229 S.E.2d 603 (Ga. 1976)
Case details for

Whitaker v. Whitaker

Case Details

Full title:WHITAKER v. WHITAKER

Court:Supreme Court of Georgia

Date published: Sep 28, 1976

Citations

229 S.E.2d 603 (Ga. 1976)
229 S.E.2d 603