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Curry v. Curry

Georgia Supreme Court

260 Ga. 302, 392 S.E.2d 879 (1990)

Facts

In the 1970s, Charles Curry (plaintiff) and Debora Curry (defendant) married, divorced, and then remarried under common law. In 1984 Charles filed for divorce, but the pending action was dismissed without prejudice after Charles and Debora entered a reconciliation agreement. The agreement barred Debora’s ability to assert claims for alimony or equitable division of property in the event of a divorce. By this point, Charles had accrued significant wealth and suffered from a deteriorating disability. In 1989 Charles again filed for divorce. The trial court entered a judgment under which the reconciliation agreement was enforced. Debora appealed. The Georgia Supreme Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Weltner, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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