Wright v. Young
297 Ga. 683
Ga.2015Background
- Willie Wright (appellant), incarcerated and pro se, claims he never received notice of the final divorce decree dissolving his marriage to Kenya Young dated October 26, 2010.
- Wright alleges he first learned of the final decree on October 2, 2014, after contacting the trial court clerk; he filed a motion to set aside the decree on October 23, 2014.
- The trial court denied Wright’s motion on November 6, 2014, without making any findings about whether the court had given the notice required by OCGA § 15-6-21(c).
- Wright had answered the complaint for divorce, so he did not waive the statutory notice requirement under OCGA § 9-11-5(a).
- The Supreme Court of Georgia granted review, found the record silent as to whether the required notice was given, and vacated the trial court’s order denying the motion to set aside.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court complied with OCGA § 15-6-21(c) notice requirement for final judgment | Wright: He never received notice of the final divorce decree; therefore judgment should be set aside | Young: Trial court denied motion (record lacks explicit defense on notice) | Vacated and remanded for findings on whether the court gave notice; if no notice, set aside and permit reentry and appeal period; if notice was given, deny motion |
Key Cases Cited
- Cambron v. Canal Ins. Co., 246 Ga. 147 (1980) (applies judge’s duty to file decision and notify losing party to final judgments; if notice not given, judgment must be reentered and losing party allowed appeal time)
- Pierce v. State, 289 Ga. 893 (2011) (order denying set-aside must be vacated and remanded when trial court fails to make findings on notice)
- Woods v. Savannah Rest. Corp., 267 Ga. App. 387 (2004) (same principle requiring remand for notice findings)
- Kendall v. Peach State Machinery, Inc., 215 Ga. App. 633 (1994) (focus is whether court’s statutory duty to give notice was performed, not whether losing party had actual knowledge)
- C&R Fin. Lenders, LLC v. State Bank & Trust Co., 320 Ga. App. 600 (2013) (if notice shown, motion to set aside may be denied)