Supreme Court of Georgia, 1977

Sims v. Sims

Sims v. Sims
Supreme Court of Georgia · Decided September 6, 1977 · Undercofler
239 Ga. 451; 238 S.E.2d 32; 1977 Ga. LEXIS 1204

Sims v. Sims

Opinion of the Court

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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