Sapp v. Sapp
January 21, 2014
Husband and Wife were divorced by a decree, requiring them to sell their marital home. Additionally, the decree provided that in the event the parties were unable to agree upon a list price, the court would set the price at a later date.
Wife sought to appeal the divorce decree by filing an application for discretionary appeal. However, the Supreme Court dismissed the application, concluding that the divorce decree entered by the lower court was not final, as it reserved an issue to be determined at a later date (i.e. the list price of the marital residence). Therefore, Wife needed to have filed a certificate of immediate review, under O.C.G.A. § 5-6-34(b), which governs interlocutory appeals.