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Wright v. Wright

The trial court's order denying husband's motion to set aside a divorce decree made no finding as to whether the trial court carried out its duty under O.C.G.A. § 15-6-21 subsection c to give husband notice of the judgment.

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These cases involve the repeated efforts of Willie Frank Wright “Husband”, who is incarcerated and filing pro se, to vacate and set aside the divorce decree entered in 2010 in the divorce action filed by Kenya Young Wright “Wife”. Given these repeated efforts, the procedural history is somewhat complicated.

In an earlier appearance of this case, this Court vacated the trial court order denying Husband’s motion to set aside the final decree and remanded for the trial court to make findings on the issue of whether notice of the decree was given to Husband. Wright v. Young, 297 Ga. 683 777 SE2d 475 2015.1 On remand, the trial court scheduled a hearing, and Husband filed a request for an order requiring the authorities to produce him to the court to attend the hearing, but this request was denied. Again, the trial court denied Husband’s motion to set aside. Husband filed both a notice of appeal and an application for discretionary appeal, and this Court granted the application, stating in its order that the Court was concerned with whether the trial court erred in concluding it had satisfied its duty under OCGA § 15-6-21 c to provide notice of the entry of the final judgment and decree. This appeal was docketed as Case No. S16A1250.

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