Silverstein v. Silverstein
Silverstein v. Silverstein
Opinion of the Court
The plaintiff-appellant filed a complaint for divorce alleging that her marriage to the defendant-appellee was irretrievably broken, and seeking custody of the parties’ son, child support, alimony and attorney fees. In his answer and counterclaim the defendant denied that the plaintiff was entitled to alimony or attorney fees, alleged
Code Ann. § 6-701 (a) 2 provides that when a judgment is not final, appellate review must be accomplished by having the trial judge, within ten days of the judgment’s entry, certify that the judgment is of such importance as to require immediate review. In Carr v. Carr, 238 Ga. 197 (232 SE2d 69) (1977), this court held that a party to a divorce proceeding could not appeal the trial court’s grant of judgment on the pleadings on the issue of divorce when there were still issues of alimony and property settlement to be resolved because the party had not followed the statutory procedure for interlocutory appeals.
We have reviewed the record and have found no trial court certification of the child custody issue. Accordingly, we dismiss this interlocutory appeal because the appellant has not complied with Code Ann. § 6-701 (a) 2.
Appeal dismissed.
Reference
- Full Case Name
- SILVERSTEIN v. SILVERSTEIN
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- Published