Edwards v. Edwards, S90A0698
Decision Date | 04 October 1990 |
Docket Number | No. S90A0698,S90A0698 |
Citation | 396 S.E.2d 236,260 Ga. 440 |
Parties | EDWARDS v. EDWARDS. |
Court | Georgia Supreme Court |
John W. Guest, Jonesboro, for Sherion Rudine Elliott edwards.
Robert B. McCord, Jr., Hapeville, for Bobby Lee Edwards.
On March 17, 1989, the appellant, Sherion R.E. Edwards, filed for divorce against the appellee, Bobby Lee Edwards, in the Superior Court of Fulton County. When Mrs. Edwards did not appear, the trial court granted a decree of divorce and subsequently denied Mrs. Edwards' motion to set aside the final judgment and decree. We reverse.
Granting a divorce to Mr. Edwards when Mrs. Edwards was absent left several of Mrs. Edwards' claims unlitigated. Georgia Superior Court Rule 24.7 states, "no divorce decree shall be granted unless all contestable issues in the case have finally been resolved." Ga.Ct. & Bar Rules, p. 3-33. Here, Mrs. Edwards' claim for alimony and an equitable division of property were neither addressed nor resolved, and therefore the granting of the divorce was improper.
Judgment reversed.
All the Justices concur, except HUNT, J., who concurs in judgment only.
To continue reading
Request your trial-
Russ v. Russ
...was "contestable" and should have been finally resolved in the divorce decree. Uniform Superior Court Rule 24.7; Edwards v. Edwards, 260 Ga. 440, 396 S.E.2d 236 (1990). 2. Ms. Russ also complains of the trial court's failure to address and resolve certain issues regarding medical insurance ......
-
Eldridge v. Eldridge
...support. We therefore reverse the decree in part and remand for application of the correct conversion factor. See Edwards v. Edwards, 260 Ga. 440, 396 S.E.2d 236 (1990) (reversing judgment for violating Uniform Superior Court Rule 24.7 by granting divorce but leaving claims unlitigated). c.......
-
Rodgers v. Rodgers
...a divorce decree should resolve all contested issues. Brochin v. Brochin , 277 Ga. 66, 67, 586 S.E.2d 316 (2003) ; Edwards v. Edwards , 260 Ga. 440, 396 S.E.2d 236 (1990). Uniform Superior Court Rule 24.7 provides: "Although the court may, in appropriate cases, grant judgment on the pleadin......
-
Brochin v. Brochin
...and severing the marital relationship without simultaneously resolving issues of alimony and child custody. See Edwards v. Edwards, 260 Ga. 440, 396 S.E.2d 236 (1990). The rule was not intended to abolish the longstanding ability of Georgia's courts to preserve the issue of attorney fees, a......