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S09F1798. ELLIS v. ELLIS
State: Georgia
Court: Supreme Court
Docket No: S09F1798
Case Date: 01/25/2010
Preview:Final Copy 286 Ga. 625 S09F1798. ELLIS v. ELLIS. Melton, Justice. In this divorce action, which falls under this Court's Pilot Project, Bonnie Lou Ellis ("Wife") contends that the trial court erred by conducting a final hearing in her absence and entering a judgment on the pleadings in favor of Otis Dan Ellis ("Husband"). Because Wife filed no responsive pleadings and thereby waived notice of a final hearing, we affirm. The record shows that Otis Dan Ellis filed a complaint for divorce in June 2008, and Bonnie Lou Ellis, who was not represented by counsel at the time, acknowledged service of Husband's complaint but failed to file any responsive pleading. Wife eventually retained counsel, Mr. Law, who filed his entry of appearance on Wife's behalf on August 11, 2008. However, Mr. Law also did not file a responsive pleading to Husband's complaint. Husband's attorney, Mr. Turner, provided Mr. Law with a notice of the final hearing, which was ultimately continued, and depositions were scheduled for February 2009. According to Wife's attorney, Mr. Turner agreed to inform him of any

rescheduled date for the final hearing after it had been set by the court.1 Prior to the depositions taking place, another attorney, Ms. Sheppard, filed an entry of appearance on behalf of Husband,2 and she moved the trial court to enter a final judgment of divorce on the pleadings without holding an evidentiary hearing. Later that month, the court granted Husband's motion.3 On February 27, 2009, Mr. Law filed a motion for new trial on behalf of Wife, relying on the alleged agreement made by Mr. Turner to provide him with

1

Mr. Turner did not testify at the motion for new trial hearing.

After Ms. Sheppard's appearance in the case, it seems Mr. Turner no longer participated; however, the record is unclear regarding Mr. Turner's continued role in the case, if any.
2

Although no default judgment may be entered in a divorce action, see OCGA
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