X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Delphine Jackson “Wife” filed for divorce from Ronnie Jackson “Husband” after 23 years of marriage, seeking alimony and child support. A temporary order of support was entered in April 2005; in January 2006 the trial court found Husband in wilful contempt of that order and awarded Wife attorney fees. Two months later, after a bench trial at which only the parties testified, the trial court granted the parties a total divorce and, pertinent to this appeal, declined to award Wife alimony, required Husband to continue payments including temporary alimony, child support and attorney fees due under the earlier contempt ruling, and declined to award Wife additional attorney fees. Pursuant to this Court’s pilot project, we granted Wife’s application for discretionary appeal.1 See Wright v. Wright , 277 Ga. 133 587 SE2d 600 2003. Finding no reversible error, we affirm. 1. Wife enumerates several related errors regarding the exclusion of “conduct evidence” as it pertained to her claim for alimony. The evidence in issue involved the alleged harm to Wife’s credit rating caused by the marital residence going into foreclosure and sums that she allegedly expended for the support of the couple’s minor child prior to the filing of the petition. Although Wife contends on appeal that evidence regarding these two items was “conduct evidence” relevant to the trial court’s determination of her claim for alimony, so that exclusion of the evidence violated OCGA § 19-6-1, see Bryan v. Bryan , 242 Ga. 826 1 251 SE2d 566 1979 conduct of spouse should be considered in decision whether to award alimony, the transcript establishes that the evidence was not presented to the trial court for this purpose and no objection was made on that basis to the exclusion of the evidence.2 Contrary to Wife’s claim, the trial court’s refusal to allow in-depth testimony by Wife regarding these items was based on the lack of relevancy, not on any erroneous legal theory. See generally Madaris v. Madaris , 224 Ga. 577 1 163 SE2d 745 1968 trial court does not err by refusing to admit testimony irrelevant and outside the pleadings. See also Bayless v. Bayless , 280 Ga. 153 1 625 SE2d 741 2006 trial court charged with the efficient clearing of cases upon its docket; Atlanta Newspapers v. Grimes , 216 Ga. 74 5 114 SE2d 421 1960 trial court’s wide discretion in controlling conduct of trial upheld unless wrong or oppression results from its abuse. Moreover, Wife acknowledges that the trial court reviewed her list of “monies sought for reimbursement” that included these two items and the transcript reveals that the trial court at the conclusion of the hearing allowed counsel to argue Wife’s entitlement to “everything on that sheet.” Thus, Wife has failed to demonstrate that the trial court did not weigh these items when it considered Wife’s claim for alimony.3

2. Likewise, Wife has failed to demonstrate that the trial court did not weigh these items when it considered her claim for attorney fees pursuant to OCGA § 19-6-2.4 Accordingly, we find no merit in this enumeration.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›