A Georgia appellate court will not disturb a temporary order unless the trial judge manifestly or flagrantly abused his or her discretion.
The Standard
In Wilson v. Wilson, 243 Ga. 637 (1979), the Georgia Supreme Court put it directly: the appellant “can prevail only if the trial court has manifestly or flagrantly abused its discretion.” That is a demanding standard, and it is the reason most temporary orders survive review even when the losing party has a real argument.
The Court Has Discouraged These Appeals
Wilbanks v. Wilbanks, 238 Ga. 660 (1977) went further. The Georgia Supreme Court wrote that it wished “to state for the benefit of the bar and the public that appeals in temporary alimony and child custody cases generally should not be taken unless it can be clearly shown by the appellant that the trial court committed grievous error or a gross abuse of discretion.” The Court’s reasoning was practical: pushing the case to trial is usually faster than appealing, and even a win on appeal only buys you another temporary order.
There May Be Little in the Order to Attack
Wilbanks also held that a trial court is not required to enter findings of fact and conclusions of law in a temporary order, because the merits of the case are not in issue at a temporary hearing. So the order you are appealing may not explain itself at all.
No Transcript, No Appeal
In Maloof v. Maloof, 231 Ga. 811 (1974), there was no transcript of the hearing. The Georgia Supreme Court held that “in the absence of a transcript of the evidence, we must assume that the evidence authorized such award.” If you think you may want to challenge a temporary order, make sure the hearing is being recorded before it starts.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!