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Wallace v. Graves

Supreme Court of Georgia
Jul 9, 1971
183 S.E.2d 370 (Ga. 1971)

Opinion

26550.

SUBMITTED JUNE 14, 1971.

DECIDED JULY 9, 1971.

Contempt. Cobb Superior Court. Before Judge Hames.

Frederick, Jones Wilbur, Jimmy W. Jones, for appellant.

Talmadge H. Woodman, for appellee.


The appellant (former husband) appeals from a judgment rendered in a contempt proceeding filed by his former wife to enforce the alimony provisions of a divorce decree which provisions for alimony were based upon an agreement between the parties. The appellant filed written defenses which sought an interpretation of two paragraphs of the original decree. The trial court rendered a judgment finding the appellant in contempt of court as to one of such paragraphs and granting a continuance as to the remaining paragraph until briefs could be submitted by both parties. Thereafter, a judgment was rendered which held that both paragraphs were valid and enforceable and that the parties had ten days to agree upon a trustee, as provided for in one paragraph of the agreement, otherwise, the court would five days thereafter name a trustee. The latter judgment is the only judgment appealed from and the sole enumeration of error complains of such judgment. Held:

The judgment appealed from was not a final judgment in that it merely ruled that the alimony decree was a valid decree, and the question of contempt, at least insofar as the paragraph dealing with the trust, is still pending in the trial court. No certificate authorizing an immediate review was obtained and the appeal, not being from a judgment otherwise appealable under the Appellate Practice Act ( Code Ann. § 6-701; Ga. L. 1968, pp. 1072, 1073) prior to a final judgment, must be dismissed. See Eastland v. Candler, 225 Ga. 585 ( 170 S.E.2d 422); Fife v. Johnston, 225 Ga. 447 ( 169 S.E.2d 167). Compare Fulford v. Fulford, 225 Ga. 510 ( 170 S.E.2d 27); and Holmes v. Holmes, 227 Ga. 238 ( 179 S.E.2d 775).

Appeal dismissed. All the Justices concur.

SUBMITTED JUNE 14, 1971 — DECIDED JULY 9, 1971.


Summaries of

Wallace v. Graves

Supreme Court of Georgia
Jul 9, 1971
183 S.E.2d 370 (Ga. 1971)
Case details for

Wallace v. Graves

Case Details

Full title:WALLACE v. GRAVES

Court:Supreme Court of Georgia

Date published: Jul 9, 1971

Citations

183 S.E.2d 370 (Ga. 1971)
183 S.E.2d 370