Rollins v. Rollins
300 Ga. 485
| Ga. | 2017Background
- Glen and Danielle Rollins agreed to arbitrate division of certain household furniture after their 2013 divorce; arbitrator issued an award in July 2014.
- Glen moved to confirm the arbitration award; while that confirmation motion was pending, the trial court ordered Danielle (Aug 2014) to account for items awarded to Glen.
- Glen filed a contempt motion when Danielle’s accounting was unsatisfactory; the trial court entered an initial contempt order (Apr 2015) finding willful contempt and issued an order to show cause regarding incarceration.
- Danielle filed both a discretionary application and a direct notice of appeal from the initial contempt order; the discretionary application was denied, the direct appeal remained pending for a time and was later dismissed as improper.
- While Danielle’s direct appeal from the initial contempt order remained pending in the appellate court, the trial court held a final contempt hearing and entered a final contempt order (Nov 24, 2015) imposing sanctions, fines, property-related remedies, and attorney fees.
- The Georgia Supreme Court vacated the November 2015 final contempt order and remanded, holding the trial court lacked jurisdiction to enter the final order while the (jurisdictionally flawed but pending) direct appeal acted as an automatic supersedeas; it also directed limits on recoverable attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court had jurisdiction to enter a final contempt order while a direct appeal from an earlier contempt order was pending | Danielle: direct appeal invoked an automatic supersedeas depriving trial court of power to affect the appealed order | Glen: direct appeal was jurisdictionally improper so trial court could proceed; later discretionary application available | Court: Notice of appeal acted as supersedeas until appellate court dismissed; trial court lacked jurisdiction and final contempt order is void |
| Whether a jurisdictionally flawed notice of appeal nevertheless operates as supersedeas | Danielle: yes; a notice of appeal ordinarily acts as supersedeas until dismissed | Glen: no; because appeal was improper in a domestic relations case and should be disregarded | Court: Dismissal is not retroactive; even defective appeals typically act as supersedeas until the appellate court acts |
| Whether trial court could award attorney fees under OCGA § 9-15-14 for fees incurred defending appeals in the appellate court | Glen: sought attorney fees including those for appellate proceedings | Danielle: fees for proceedings in appellate court are not recoverable under § 9-15-14 | Court: Fees for appellate-court proceedings are not recoverable; trial court should not award fees for matters in this Court or prior appeals |
| Whether trial court could treat the final hearing as addressing matters independent of the initial contempt order (thus avoiding supersedeas) | Glen: November hearing addressed remedies and attorney fees independent of the initial contempt finding | Danielle: final hearing remedied the same contempt and therefore was barred | Court: The final hearing addressed remedies for the contempt already appealed, so supersedeas barred the trial court from acting |
Key Cases Cited
- Massey v. Massey, 294 Ga. 163 (automatic supersedeas from notice of appeal deprives trial court of power to affect appealed judgment)
- Scroggins v. State, 288 Ga. 346 (appeal operates as supersedeas and subsequent trial-court action is void)
- Avren v. Garten, 289 Ga. 186 (distinguishes when supersedeas bars only certain subsequent actions; context matters)
- Islamkhan v. Khan, 299 Ga. 548 (appellate court exclusively determines sufficiency of notice to invoke jurisdiction; unauthorized notices may be ineffective)
- Kautter v. Kautter, 286 Ga. 16 (attorney fees under OCGA § 9-15-14 do not include fees incurred in appellate proceedings)
- McGahee v. Rogers, 280 Ga. 750 (same principle limiting recoverable fees under § 9-15-14)