Brown v. Brown , 294 Ga. 475 ( 2014 )

FINAL COPY
294 Ga. 475S13F1689. BROWN v. BROWN.
HUNSTEIN, Justice.
The parties were divorced in 2010, and Zuri Brown (Father) was ordered
to pay child support to Inge Brown (Mother). Thereafter, Mother filed a petition
for an upward modification of child support, and Father filed an answer and
counterclaim for a downward modification of child support. After a bench trial,
the court entered a final judgment denying Mother’s petition, granting Father’s
claim for downward modification, and awarding Father attorney’s fees. Mother
timely filed a motion for new trial, which the court denied without a hearing.
We granted Mother’s application for discretionary appeal to determine whether
the trial court erred in denying the motion for new trial without holding a
hearing. We conclude that the trial court did err, and we therefore reverse and
remand.
As this Court has made clear, Uniform Superior Court Rule 6.3 1 requires
1
Rule 6.3 in full states the following:
Unless otherwise ordered by the court, all motions
in civil actions, including those for summary judgment,
shall be decided by the court without oral hearing, except
a trial court to hold an oral hearing on all motions for new trial in civil cases,
unless otherwise specifically ordered by the court. Triola v. Triola, 292 Ga. 808(741 SE2d 650) (2013). A hearing is required even if the moving party does not
request such a hearing. Id. at 808; Kuriatnyk v. Kuriatnyk, 286 Ga. 589 (2) (690
SE2d 397) (2010). A trial court’s failure to comply with the procedural
requirements of Rule 6.3 is reversible error. Triola, 292 Ga. at 808.
In this case, the trial court did not hold an oral hearing before ruling on
Mother’s motion for new trial. The order denying Mother’s motion for new trial
did not reference Rule 6.3 or Mother’s right to an oral hearing, and the trial
court did not issue a separate order excepting Mother’s motion from the oral
hearing requirement. Therefore, we must reverse the trial court’s judgment on
Mother’s motion for new trial and remand the case with direction that the trial
court comply with Rule 6.3. See Triola, 292 Ga. at 808-809 (reversal and
motions for new trial and motions for judgment
notwithstanding the verdict.
However, oral argument on a motion for summary
judgment shall be permitted upon written request made
in a separate pleading bearing the caption of the case and
entitled “Request for Oral Hearing,” and provided that
such pleading is filed with the motion for summary
judgment or filed not later than five (5) days after the
time for response.
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remand required where the trial court denied a motion for new trial without
holding the mandatory hearing and did not issue an order excepting the motion
from the procedural requirement); Kuriatnyk, 286 Ga. at 592 (2) (same).
We do not reach the remaining enumerations of error challenging the trial
court’s final judgment because those issues must be asserted in the trial court on
remand. See Triola, 292 Ga. at 809.2
Judgment reversed and case remanded with direction. All the Justices
concur.
Decided January 27, 2014.
Domestic relations. Douglas Superior Court. Before Judge McClain.
Peggy L. Brown, for appellant.
Ravelle D. Smith, for appellee.
2
Mother’s motion to strike Father’s appellate brief is hereby denied.
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