Sapp v. Sapp , 294 Ga. 435 ( 2014 )

FINAL COPY
294 Ga. 435S13F1749. SAPP v. SAPP.
BLACKWELL, Justice.
We granted the application of Mary Brown Sapp for a discretionary appeal
from a divorce decree that required Sapp and her former husband to sell their
marital home. But upon further review, it appears that the decree was not final.1
Although it directed the sale of the marital home, the decree also provided that,
if Sapp and her former husband did not agree on a listing price — and there is
no dispute that they never agreed — the court would set a price at a later date.
When a divorce is granted by a decree that reserves an issue to be determined
later, the decree is interlocutory, not final. See Miller v. Miller, 288 Ga. 274,
282 (4) (705 SE2d 839) (2010); see also Miller v. Miller, 282 Ga. 164, 165 (646
SE2d 469) (2007). Because the decree was interlocutory, Sapp was required to
bring her appeal pursuant to OCGA § 5-6-34 (b), which requires, among other
things, a certificate of immediate review. Because Sapp failed to comply with
OCGA § 5-6-34 (b), we dismiss her appeal. See Stevens v. State, 292 Ga. 2181
When we granted the application, we directed the parties to brief whether the decree
was final.
(734 SE2d 743) (2012); Gelfand v. Gelfand, 281 Ga. 40, 41 (635 SE2d 770)
(2006).
Appeal dismissed. All the Justices concur.
Decided January 21, 2014.
Domestic relations. Glynn Superior Court. Before Judge Kelley.
Holle Weiss-Friedman, for appellant.
Ferrier & Ferrier, Crystal R. Ferrier, for appellee.
2