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HORWITZ v. WEIL

No. S02A1073.

569 S.E.2d 515 (2002)

275 Ga. 467

HORWITZ v. WEIL.

Supreme Court of Georgia.

September 16, 2002.

Attorney(s) appearing for the Case

Kenneth Paul Johnson, Carl S. Pedigo, Jr., McCorkle, Pedigo & Johnson, LLP, Savannah, for appellant.

Dwight T. Feemster, Matthew Moser Bush, Duffy, Feemster & Lewis, LLP, Savannah, for appellee.

CARLEY, Justice.

Sheryl Horwitz and Gary Weil were divorced in 1991, and the final decree approved and incorporated by reference a settlement agreement. In April of 2001, Ms. Horwitz filed a motion seeking to hold Weil in contempt, claiming that he failed to comply with Paragraph 7(a) of the agreement, which provides, in relevant part, that,

[n]otwithstanding anything herein to the contrary, the husband agrees that upon the sale of the marital residence or...

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