Davis v. Davis

Supreme Court of Georgia

Davis v. Davis

249 S.E.2d 90, 242 Ga. 322, 1978 Ga. LEXIS 1191

CourtSupreme Court of Georgia

DecidedOctober 4, 1978

Docket33833

StatusPublished

Cited by8 cases

This text of 249 S.E.2d 90 (Davis v. Davis) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Davis, 249 S.E.2d 90, 242 Ga. 322, 1978 Ga. LEXIS 1191 (Ga. 1978).

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Opinion

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 SE2d 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.

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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 SE2d 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.

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Bluebook (online)

249 S.E.2d 90, 242 Ga. 322, 1978 Ga. LEXIS 1191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-davis-ga-1978.

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