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Lupo v. Long

Court of Appeals of Georgia
May 9, 1978
145 Ga. App. 876 (Ga. Ct. App. 1978)

Opinion

55436.

SUBMITTED MARCH 1, 1978.

DECIDED MAY 9, 1978.

Contempt. Brooks Superior Court. Before Judge Elliott.

Mary M. Young, for appellant.

Tillman, Brice, McTier, Coleman Talley, George T. Talley, for appellee.


The appellant Lupo appeals from the denial of his petition for contempt brought against Long. We affirm.

1. "Since an application for contempt does not come within the definition of a pleading, it is necessarily a motion as defined in Code Ann. § 81A-107(b), and the provisions of Code Ann. § 81A-152 which require findings of fact and conclusions of law by the trial court, are not applicable to motions." Hines v. Hines, 237 Ga. 755, 756 ( 229 S.E.2d 744) (1976). There is no merit in the enumeration complaining of the court's failure to enter findings of fact and conclusions of law.

2. The second enumeration contends, "The evidence was sufficient to support the appellant's claim that the appellee had violated the injunction and was in contempt of court." We agree. But the evidence was likewise sufficient to support the appellee's claim that he had not violated the injunction and was not in contempt. The court's resolution of this dispute was not without evidentiary support and therefore will not be disturbed.

Judgment affirmed. Deen, P. J., and Banke, J., concur.


SUBMITTED MARCH 1, 1978 — DECIDED MAY 9, 1978.


Summaries of

Lupo v. Long

Court of Appeals of Georgia
May 9, 1978
145 Ga. App. 876 (Ga. Ct. App. 1978)
Case details for

Lupo v. Long

Case Details

Full title:LUPO v. LONG

Court:Court of Appeals of Georgia

Date published: May 9, 1978

Citations

145 Ga. App. 876 (Ga. Ct. App. 1978)
245 S.E.2d 73

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