Pennington v. Pennington, 291 Ga. 165

Robert Pennington and Michelle Pennington were divorced after wife failed to appear at a final custody hearing; court struck her pleadings and entered judgment for husband.
Court scheduled a custody hearing and a separate final hearing; wife received notice but did not attend the December 10, 2010 custody hearing.
The court admitted the guardian ad litem’s report and considered evidence; final decree granted husband sole custody and awarded all marital property to him.
Wife disputed the proceedings, arguing due process and the right to a jury trial; she sought set aside, new trial, and reconsideration, which were denied.
During the divorce, wife allegedly added her name to and transferred funds from husband’s credit accounts; guardian ad litem reported additional debt incurred by wife.
Trial court found and record supported that wife failed to communicate settlement terms, failed to attend multiple proceedings, and did not notify the court of any settlement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether striking pleadings was proper sanction	Pennington argues sanction was improper.	Pennington contends wife’s conduct warranted dismissal.	Sanction proper; court acted within discretion
Whether due process was violated by striking pleadings	Wife claims inadequate opportunity to participate post-striking.	Notice and opportunities were provided; no due process violation.	No due process violation; ample notice and hearing occurred
Whether the custody award exceeds the scope of the counterclaim	Wife argues custody relief exceeded counterclaim prayers.	Custody relief tied to relief requested in counterclaim; proper	Custody award within the scope of the counterclaim
Whether the property division was an abuse of discretion	Argues the property award exceeded prayed-for relief or was unjust.	Discretionary division supported by financial affidavits and debt	No abuse of discretion; property award affirmed

Kautter v. Kautter, 286 Ga. 16 (Ga. 2009) (trial court may sanction for wilful nonparticipation)
Bayless v. Bayless, 280 Ga. 153 (Ga. 2006) (harsh sanctions permissible for noncompliance with court orders)
Truitt v. Housing Auth. of the City of Augusta, 235 Ga. App. 92 (Ga. App. 1998) (reaffirmed authority to sanction and manage proceedings)
Fuller v. Fuller, 279 Ga. 805 (Ga. 2005) (equitable division not necessarily equal)
Harmon v. Harmon, 280 Ga. 118 (Ga. 2005) (trial court has broad discretion in property division)
Rumley-Miawama v. Miawama, 284 Ga. 811 (Ga. 2009) (appellate review of property awards requires reasoned discretion)
Crowder v. Crowder, 281 Ga. 656 (Ga. 2007) (no mandatory findings of fact unless requested prior to judgment)
Simmons v. Simmons, 265 Ga. 183 (Ga. 1995) (defect in notice can require continuance; context-based)