Parris v. Douthit

The trial court erred in failing to dismiss the former husband's action for improper venue, because the proper venue in an alimony-modification action is the defendant's county of residence.

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Jerry W. Douthit and Paula Susan Parris were divorced in Cobb County in December 2008. The final divorce decree approved and incorporated the parties’ settlement agreement, including a requirement that Douthit pay Ms. Parris alimony in the amount of $4,200 per month for 12 years. Ms. Parris moved to Cherokee County and subsequently filed a contempt motion in Cobb County, which was heard on February 12, 2009. Douthit thereafter filed a petition for modification of alimony in Cobb County, and Ms. Parris was personally served. She answered by special appearance and moved to dismiss based upon the fact that she is currently a resident of Cherokee County. Following a hearing, the trial court entered an order denying the motion to dismiss and temporarily reducing alimony to $3000 per month. The trial court certified its order for immediate review, and Ms. Parris appeals pursuant to our grant of her application for interlocutory appeal.

In granting that application, we posed the question of whether the trial court was authorized to defer jurisdictional issues until after the temporary disposition of a modification action. Under OCGA § 9-11-12 d, the trial court may hear and determine a defense in abatement such as improper venue prior to trial without submitting it to a jury, or may defer such hearing and determination until trial. Hatcher v. Hatcher , 229 Ga. 249, 250-251 190 SE2d 533 1972; Department of Transp. v. Dupree , 256 Ga. App. 668, 675 1 b 570 SE2d 1 2002. In this case, the trial court clearly entered a pre-trial ruling on the motion to dismiss, which is subject to interlocutory appeal upon following the procedures set forth in OCGA § 5-6-34 b.

Parris v. Douthit

The trial court erred in failing to dismiss the former husband's action for improper venue, because the proper venue in an alimony-modification action is the defendant's county of residence.

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