DAVIS v. DAVIS

Citation Codes

Equivalent Citations

citation codes

Docket Number

33833.

Attorney(S)

Thomas Howard, W. Glover Housman, Jr., for
T. Alvin Leaphart, for

Judges

MARSHALL, Justice.

See more information ...

Smart Summary

Factual and Procedural Background

The defendant husband appealed two orders of the trial court concerning temporary alimony and jurisdictional issues. The trial court had granted temporary alimony and denied the appellant's motion to dismiss for lack of jurisdiction. The appeal challenges these orders from the Wayne Superior Court before Judge Flexer.

Legal Issues Presented

Whether the order granting temporary alimony is properly before the appellate court given the appellant's failure to enumerate it as error or argue it on appeal.
Whether the interlocutory order denying the motion to dismiss for lack of jurisdiction is appealable without a certificate of immediate review.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Kristensen v. Kristensen, 238 Ga. 294 (232 S.E.2d 564) (1977)	Interlocutory orders denying dismissal for lack of jurisdiction are not appealable without a certificate of immediate review under Code Ann. § 6-701.	The court relied on this precedent to conclude that the interlocutory order denying the motion to dismiss was not appealable and thus grounds for dismissal of the appeal.

Court's Reasoning and Analysis

The court noted that although the order granting temporary alimony was appealable under Code Ann. § 6-701 (a) (3), the appellant abandoned this issue by failing to enumerate it as error or argue it on appeal. Regarding the order denying the motion to dismiss for lack of jurisdiction, the court held it was an interlocutory order not appealable without a certificate of immediate review, citing Code Ann. § 6-701 (a) 2 (A) and (B) and the precedent Kristensen v. Kristensen. Consequently, the court granted the appellee's motion to dismiss the appeal on procedural grounds.

Holding and Implications

DISMISSED

The court dismissed the appeal because the appellant abandoned the challenge to the temporary alimony order and failed to obtain a certificate of immediate review for the interlocutory order denying dismissal for lack of jurisdiction. The decision results in the trial court's orders remaining in effect, and no new precedent was established.

Show full summary ...

DAVIS v. DAVIS.

MARSHALL, Justice.

The defendant husband appeals from two orders of the trial court. The order granting temporary alimony, though appealable under Code Ann. § 6-701 (a) (3) (Ga. L. 1965, p. 18; 1968, pp. 1072, 1073; 1975, pp. 757, 758), has been abandoned by failure to either enumerate it as error or argue it. The order denying the appellant's motion to dismiss for lack of jurisdiction is an interlocutory order, which is not appealable without a certificate of immediate review. Code Ann. § 6-701, supra, (a) 2 (A) and (B); Kristensen v. Kristensen, 238 Ga. 294 ( 232 S.E.2d 564) (1977). Therefore, the appellee wife's motion to dismiss the appeal must be granted.

Appeal dismissed. All the Justices concur, except Hall and Hill, JJ., who dissent.