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Sims v. Sims

Supreme Court of Georgia
Sep 6, 1977
238 S.E.2d 32 (Ga. 1977)

Opinion

32546.

ARGUED JULY 13, 1977.

DECIDED SEPTEMBER 6, 1977.

Divorce, etc. Peach Superior Court. Before Judge Bell.

Walters, Davis, Ellis Smith, Rick F. Ellis, for appellant.

Charles R. Adams, for appellee.


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 S.E.2d 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.


ARGUED JULY 13, 1977 — DECIDED SEPTEMBER 6, 1977.


Summaries of

Sims v. Sims

Supreme Court of Georgia
Sep 6, 1977
238 S.E.2d 32 (Ga. 1977)
Case details for

Sims v. Sims

Case Details

Full title:SIMS v. SIMS

Court:Supreme Court of Georgia

Date published: Sep 6, 1977

Citations

238 S.E.2d 32 (Ga. 1977)
239 Ga. 451