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Dutton v. Dutton

Supreme Court of Georgia
Apr 7, 1976
225 S.E.2d 37 (Ga. 1976)

Summary

In Dutton v. Dutton, 236 Ga. 645 (225 S.E.2d 37) (1976), this court affirmed a contempt judgment and held that dental bills were a part of child support under the language contained in the decree of divorce.

Summary of this case from Dutton v. Dutton

Opinion

30769.

SUBMITTED JANUARY 29, 1976.

DECIDED APRIL 7, 1976.

Contempt. Gwinnett Superior Court. Before Judge Merritt.

Merritt Pruitt, Glyndon C. Pruitt, for appellant.

E. L. Owens, for appellee.


The appeal in this case is from a judgment holding Donald Ray Dutton, former husband, in contempt of court for failure to make payments to a named dentist for dental care for one of the couple's children. The divorce decree provided in part that the appellant here "is further ordered to pay all medical, hospital and doctor bills for and on behalf of the minor children upon being presented with a bill for said service."

The sole enumeration of error contends that the above-quoted language does not include dentist bills. The decision of this court in Rodgers v. Rodgers, 234 Ga. 463 ( 216 S.E.2d 322) (1975) held that almost identical language in that case included dentist bills. Accordingly, where as in this case, there is no transcript of the contempt hearing and the sole question is the interpretation of such language in the decree, the judgment of the trial court following the interpretation placed on similar language by this court in Rodgers, supra, must be affirmed.

Judgment affirmed. All the Justices concur.

SUBMITTED JANUARY 29, 1976 — DECIDED APRIL 7, 1976.


Summaries of

Dutton v. Dutton

Supreme Court of Georgia
Apr 7, 1976
225 S.E.2d 37 (Ga. 1976)

In Dutton v. Dutton, 236 Ga. 645 (225 S.E.2d 37) (1976), this court affirmed a contempt judgment and held that dental bills were a part of child support under the language contained in the decree of divorce.

Summary of this case from Dutton v. Dutton
Case details for

Dutton v. Dutton

Case Details

Full title:DUTTON v. DUTTON

Court:Supreme Court of Georgia

Date published: Apr 7, 1976

Citations

225 S.E.2d 37 (Ga. 1976)
236 Ga. 645

Citing Cases

Dutton v. Dutton

This is the second appearance of this case in this court. In Dutton v. Dutton, 236 Ga. 645 ( 225 S.E.2d 37)…