DUKE v. DUKE

No. S97A1454.

495 S.E.2d 3 (1998)

268 Ga. 851

DUKE v. DUKE.

Supreme Court of Georgia.

January 12, 1998.


Attorney(s) appearing for the Case

Martin L. Fierman, Eatonton, for Ronald Wayne Duke.

Susan Melinda Duke, Winder, for Susan Melinda Elder Duke.


SEARS, Justice.

We granted the discretionary application filed by the appellant to consider whether the trial court, in holding him in contempt, exceeded its authority in two respects. We conclude that it did.

First, because the weekly incarceration imposed on the appellant by Paragraph 7 of the trial court's order cannot be purged by compliance with the trial court's payment schedule, the purpose of the imprisonment is punishment and the contempt is thus...

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