Sims v. Sims

Supreme Court of Georgia

Sims v. Sims

238 S.E.2d 32, 239 Ga. 451, 1977 Ga. LEXIS 1204

CourtSupreme Court of Georgia

DecidedSeptember 6, 1977

Docket32546

StatusPublished

This text of 238 S.E.2d 32 (Sims v. Sims) 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

Sims v. Sims, 238 S.E.2d 32, 239 Ga. 451, 1977 Ga. LEXIS 1204 (Ga. 1977).

Pincite

Opinion

Undercofler, Presiding Justice.

Mary M. Sims appeals the judgment of the trial court entered in her divorce case. We affirm.

1. In her first enumeration of error, the wife claims the court erred in granting the divorce on the irretrievably broken ground by summary judgment. The husband filed an affidavit with his motion for summary judgment, but the wife filed no counter-affidavit. Therefore, it was not error to grant the motion. Code Ann. § 81A-156 (e); Summer-Minter & Associates, Inc. v. Giordano, 231 Ga. 601 (203 SE2d 173) (1974).

2. The trial court properly limited the scope of the evidence presented. We find no error. We need not consider the wife’s claim that the trial court erred in his charge to the jury because she failed to object at the trial, but, even so, we find no error which would require a new trial.

Judgment affirmed.

All the Justices concur.

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