Reno v. Reno
Reno v. Reno
Opinion of the Court
Appellant, the wife, filed a divorce action against appellee in Clayton County, Georgia. Upon motion by the husband, a bifurcated trial was ordered with the first trial
The wife appealed directly to this court without having first made application. Code Ann. § 6-701.1 provides that application shall be filed in certain types of cases including appeals from judgments or orders granting or refusing a divorce. The directed verdict in this case concluded the litigation in the trial court and therefore amounted to a refusal to grant a divorce. Therefore, an application for discretionary appeal under the provisions of Code Ann. § 6-701.1 was required and in its absence the appeal must be dismissed.
In any event, a review of the record reveals that the trial court appropriately considered and weighed the evidence in arriving at his decision to direct a verdict. Under these circumstances, the application would have been denied even if it had been properly filed.
Appeal dismissed.
Reference
- Full Case Name
- RENO v. RENO
- Cited By
- 1 case
- Status
- Published