Twilley v. Twilley
| Decision Date | 13 January 1943 |
| Docket Number | 14410. |
| Citation | 24 S.E.2d 46,195 Ga. 297 |
| Parties | TWILLEY v. TWILLEY. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
In a suit for divorce and alimony, where temporary alimony is awarded, so long as the litigation is pending the trial judge is authorized to exercise his discretion in continuing his order granting temporary alimony.
William G. McRae, of Atlanta, for plaintiff in error.
H W. McLarty, of Atlanta, for defendant in error.
On February 10, 1942, Mrs. Laverne Twilley filed a suit for divorce and for temporary and permanent alimony, against her husband J. H. Twilley, alleging cruel treatment. The husband duly filed a cross-bill, denying cruel treatment, and praying that he be granted a divorce on the ground of cruel treatment. On March 31, 1942, before the trial at which the first verdict was returned, the wife was awarded temporary alimony and attorney's fees 'until the final hearing of said case.' It is stated in the bill of exceptions that during the trial on May 13, 1942, when the first verdict was rendered, 'the jury retired and returned a verdict denying the plaintiff a divorce on her petition, and granting to the defendant a divorce on his cross-bill.' The wife filed a motion for new trial, which was overruled and she filed a bill of exceptions which was certified to the Supreme Court on October 5, 1942.
On September 29, 1942, the husband filed in the trial court a petition praying for a modification of the order of March 31 1942, awarding temporary alimony and attorney's fees to the wife, on the grounds, that his financial ability to pay alimony had been diminished, and that the first verdict of the jury 'established that the defendant [husband] was blameless, and that the plaintiff's [wife's] separation from the defendant is due entirely to her wilful and voluntary choice, and that she is not entitled to alimony.' On the hearing the court passed an order denying the petition, leaving in force the original order of March 31, 1942. To this order, the husband excepted.
At the time the court passed the order refusing to modify the previous order granting temporary alimony, there were issues in the divorce case still pending. A judgment cannot be treated as final so long as either of the parties thereto had the right to have the same reviewed by the Supreme Court; and if it is so reviewed, it is not final until their judgment is made the judgment of the trial court. Cohen v. Southern Express Co., 53 Ga. 128; Peoples Bank v. Merchants & Mechanics Bank, 116 Ga. 279, 42 S.E. 490.
The Code provides: 'Whenever * * * a...
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Stubbs v. Hall
...point is distinguishable because it involved a divorce dispute rather than a habeas action. See id. (relying on Twilley v. Twilley , 195 Ga. 297, 298, 24 S.E.2d 46 (1943) ). Notably, this Court has never cited Horton nor relied on its articulation of finality in a published opinion.8 If, ho......
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...directly that judgments become final only upon the return of the remittitur and the authority cited by the court, Twilley v. Twilley, 195 Ga. 297, 298, 24 S.E.2d 46 (1943), sheds no further light on the matter. No case, state or federal, has cited Horton for the proposition that judgments b......
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West v. Dorsey
..."[t]he cause is pending just as long as it is litigated, whether in the superior court or in [the appellate court]." Twilley v. Twilley, 195 Ga. 297, 299, 24 S.E.2d 46; Holleman v. Holleman, 69 Ga. The trial court has jurisdiction to construe and perform the direction of the appellate court......