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Laws-info.com » Cases » Georgia » Supreme Court of Georgia » 2010 » S10A0471. TODD v. TODD 6-1-10 Substitute opinion - substantive changes made.
S10A0471. TODD v. TODD 6-1-10 Substitute opinion - substantive changes made.
State: Georgia
Court: Supreme Court
Docket No: S10A0471
Case Date: 03/29/2010
Preview:Final Copy 287 Ga. 250 S10A0471. TODD v. TODD. Carley, Presiding Justice.

The trial court entered a final divorce decree which dissolved the parties' marriage, distributed their property and awarded primary physical custody of the parties' minor child to Sharon Todd (Mother). During the same term of court, Walter Todd (Father) filed a motion for reconsideration, requesting primary physical custody of the child. After a hearing, the trial court vacated the child custody, visitation and child support provisions of the original decree, and revised the decree to award physical custody of the child to Father. Mother then challenged the custody award in the final divorce decree by timely filing both an application for discretionary appeal in this Court and a notice of appeal in the trial court. The notice of appeal and the record were promptly transmitted to this Court, and the case was separately docketed as a direct appeal. However, the discretionary application was subsequently granted pursuant to our Pilot Project in divorce cases. Mother did not thereafter file a second notice of appeal.

1. "It is incumbent upon this Court to inquire into its own jurisdiction. [Cit.]" Nix v. Watts, 284 Ga. 100 (664 SE2d 194) (2008). A direct appeal will not lie from a judgment granting a divorce, and instead an appeal from such a judgment must be brought by application. OCGA
Download S10A0471. TODD v. TODD 6-1-10 Substitute opinion - substantive changes made..pdf

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