Hinson v. Hinson
Hinson v. Hinson
Opinion
The former husband appeals from the ruling in a post-divorce action.
This case has a long procedural history. The parties were divorced in September 1994. Sherry Kay Hinson, the wife, was awarded custody of the parties' children, and Edwin Wayne Hinson, Jr., the husband, was ordered to pay child support and to pay all the debts of the parties. The wife filed several contempt petitions alleging that the husband had failed to pay child support; the husband was found in contempt several times and each time was ordered to pay child support plus an arrearage amount. The husband did not appeal any of those final orders. On July 13, 1998, the wife filed a "motion for immediate relief," alleging that she was being held responsible for tax liens jointly owed by the parties. She argued that the husband had been ordered to pay those liens *Page 281 pursuant to a previous order. On January 21, 1999, after hearing ore tenus testimony from the mother regarding only the tax liens, the trial court entered a judgment in her favor against the husband for past-due child support in the amount of $8,921.80 and ordered the parties to provide their tax returns in order for it to determine the tax liability. It is from this last order that the husband appeals.
On appeal the husband contends that the trial court abused its discretion when it entered its order awarding the wife a judgment for past-due child support without hearing testimony on the arrearage. The wife does not favor this court with a brief.
"`It is a well-established rule that, with limited exceptions, an appeal will lie only from a final judgment which determines the issues before the court and ascertains and declares the rights of the parties involved.'" Powell v. Powell,
The record indicates that the trial court's order of January 21, 1999, was not final. "The question of finality of the order may be phrased as whether there is `something more for the trial court to do.'" Id., quoting Wesley v. Brandon,
Because this court has no jurisdiction over this appeal, the appeal is dismissed.
APPEAL DISMISSED.
Robertson, P.J., and Yates, Crawley, and Thompson, JJ. concur.
Reference
- Full Case Name
- Edwin Wayne Hinson, Jr. v. Sherry Kay Hinson.
- Cited By
- 15 cases
- Status
- Published