Reed v. Reed

In 2011, Husband, proceeding pro se, filed a complaint for divorce from Wife. Wife responded and filed a counterclaim for divorce. A few months later, Husband filed a voluntary dismissal of his complaint pursuant to OCGA 9-11-41 (b), which he later amended, explaining that the dismissal was pursuant to OCGA 9-11-41 (a) (1). After Wife filed a notice of hearing on her counterclaim, Husband filed a motion seeking a dismissal or continuance, explaining that he had already voluntarily dismissed the case and that the trial court did not have jurisdiction over the counterclaim. The court denied Husband's motion for dismissal or continuance. After a hearing, the court entered a temporary order awarding Wife one half of Husband's military retirement pay and attorney fees. Despite Husband's continued motions and protests to the court that he had voluntarily dismissed his complaint, the court refused to dismiss Husband's complaint and entered a final order granting a divorce between the parties. The Supreme Court granted Husband's discretionary application to appeal the judgment and decree of divorce, directing the parties to address whether a timely objection was posed to the voluntary dismissal of the complaint, and if not, whether the trial court erred in failing to dismiss the action, including the counterclaim. Finding that the trial court could have continued on Wife's counterclaim, the Supreme Court affirmed the trial court's moving forward with Wife's counterclaim. View "Reed v. Reed" on Justia Law