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McGarity v. McGarity

Supreme Court of Georgia
Jan 24, 1979
252 S.E.2d 463 (Ga. 1979)

Opinion

34276.

ARGUED JANUARY 8, 1979.

DECIDED JANUARY 24, 1979.

Divorce; summary judgment. Elbert Superior Court. Before Judge Burruss.

Heard, Leverett Adams, E. Freeman Leverett, for appellant.

Smith Shiver, Truett Smith, for appellee.


The appellant-wife filed an appeal from the grant of a motion for summary judgment for divorce. The trial court reserved the issues of permanent alimony, attorney fees and costs for future determination. The wife had sued for divorce on the ground that the marriage was irretrievably broken. The husband admitted the marriage was irretrievably broken and counterclaimed for a divorce on the same ground. The appellant contends that the trial court erred in refusing to defer granting the divorce until a final trial of all the issues because of the facts and circumstances of the case. We disagree. See Adams v. Adams, 238 Ga. 326 ( 232 S.E.2d 919) (1977); Whitmire v. Whitmire, 236 Ga. 153 ( 223 S.E.2d 135) (1976). On the relevancy of the husband's alleged misconduct in the future alimony hearing see Bryan v. Bryan, 242 Ga. 826 (1979).

The trial court did not err in granting the summary judgment.

Judgment affirmed. All the Justices concur.


ARGUED JANUARY 8, 1979 — DECIDED JANUARY 24, 1979.


Summaries of

McGarity v. McGarity

Supreme Court of Georgia
Jan 24, 1979
252 S.E.2d 463 (Ga. 1979)
Case details for

McGarity v. McGarity

Case Details

Full title:McGARITY v. McGARITY

Court:Supreme Court of Georgia

Date published: Jan 24, 1979

Citations

252 S.E.2d 463 (Ga. 1979)
252 S.E.2d 463