In Roquemore v. Burgess, the Supreme Court of Georgia found that the parties, who were divorced in 2002, entered into "an agreement which obligated husband to pay wife $15,000 in consideration of her relinquishment of her interest in the marital home and certain businesses," and that "when the $15,000 had not been paid to her by August 2005, wife filed a contempt action." Thereafter, "in November 2005, the trial court entered an order requiring the parties to have the property appraised by an independent third party, list the property for sale at the appraised value, and accept any offer within five percent of the appraised value." The trial court subsequently "entered an order holding husband in contempt and providing he could purge himself of contempt by complying with the November 2005 order." Husband’s application for discretionary review was granted by this Court.

In reversing the trial court, the Supreme Court unanimously ruled that "since the agreement cannot be read to establish an intent of the parties that husband be required to sell the marital home and pay Burgess from the proceeds, the trial court’s order creating such a requirement amounted to a modification of the decree, not an interpretation."

SOURCE: Supreme Court of Georgia