Sapp v. Sapp

754 S.E.2d 79, 294 Ga. 435, 2014 Fulton County D. Rep. 48, 2014 WL 217326, 2014 Ga. LEXIS 74

• Court: Supreme Court of Georgia
• Decided: January 21, 2014
• Docket: S13F1749
• Status: Published

Opinion

Blackwell, Justice.

We granted the application of Mary Brown Sapp for a discretionary appeal from a divorce decree that required Sapp and her former husband to sell their marital home. But upon further review, it appears that the decree was not final. 1 Although it directed the sale of the marital home, the decree also provided that, if Sapp and her former husband did not agree on a listing price — and there is no dispute that they never agreed—the court would set a price at a later date. When a divorce is granted by a decree that reserves an issue to be determined later, the decree is interlocutory, not final. See Miller v. Miller, 288 Ga. 274, 282 (4) (705 SE2d 839) (2010); see also Miller v. Miller, 282 Ga. 164, 165 (646 SE2d 469) (2007). Because the decree was interlocutory, Sapp was required to bring her appeal pursuant to OCGA § 5-6-34 (b), which requires, among other things, a certificate of immediate review. Because Sapp failed to comply with OCGA § 5-6-34 (b), we dismiss her appeal. See Stevens v. State, 292 Ga. 218 (734 SE2d 743) (2012); Gelfand v. Gelfand, 281 Ga. 40, 41 (635 SE2d 770) (2006).

Appeal dismissed.

All the Justices concur. Ferrier & Ferrier, Crystal R. Ferrier, for appellee.

1 When we granted the application, we directed the parties to brief whether the decree was final.