Ivey v. Ivey , 264 Ga. 435 ( 1994 )


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  • Sears-Collins, Justice,

    concurring.

    I fully concur in the majority opinion. I write only to emphasize that the record supports the trial court’s decision that the initial hearing in this case was the beginning of the final trial, and not a rule nisi or other temporary hearing. In this regard, the trial court’s decision is supported not only by the factors set forth in footnote 1 of the majority opinion, but also by the absence of any evidence to indicate that a temporary hearing was scheduled for the date of the initial hearing, and by the fact that equitable division of property, which the parties agreed to and did consider at the initial hearing, is an issue which cannot be resolved on a temporary basis.

    I am authorized to state that Chief Justice Hunt and Justice Carley join in this concurrence.

Document Info

Docket Number: S94A0264

Citation Numbers: 264 Ga. 435, 445 S.E.2d 258, 1994 Ga. LEXIS 483

Judges: Thompson, Sears-Collins, Hunstein, Hunt, Carley

Filed Date: 7/11/1994

Precedential Status: Precedential

Modified Date: 11/7/2024