Gelfand v. Gelfand

The wife's appeal of the denial of her motion for declaratory relief in regard to her petition for an upward modification of child support was subject to the interlocutory appeal procedures, because her action was not truly one for declaratory judgment and issues remained pending below.

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In this action regarding child support and contempt, Brenda Gelfand “Wife” appeals, seeking reversal of the trial court’s order denying her motion for declaratory relief under OCGA § 9-4-1. For the reasons set forth below, we dismiss. Wife divorced Ross Gelfand “Husband” in May, 2001, and the trial court incorporated their settlement agreement into the divorce decree. In March, 2005, Wife petitioned for upward modification of child support, and she asked the trial court to hold Husband in contempt for making unauthorized deductions in his support and alimony payments. In November 2005, Wife amended her complaint to add a request for a declaration as to the meaning of purportedly ambiguous provisions in the settlement agreement relating to the sale of a business and the division of marital assets. Following a hearing, the trial court entered an order finding the “sale of the business” language unambiguous and also ordered Husband to provide financial information relating to the child support request. The court did not resolve the issue of contempt or make a final resolution as to the modification request. We granted Wife’s application for discretionary appeal to resolve whether the court’s declaratory ruling is appealable as a final judgment where other issues remain pending.

Husband asserts that this Court does not have jurisdiction over this appeal because Wife’s declaratory action below did not resolve all issues connected with the case. Wife relies on OCGA § 9-4-2 a for the proposition that the trial court’s ruling denying her request for declaratory relief was a final, appealable order, because a declaratory judgement “shall have the force and effect of a final judgment or decree and be reviewable as such.”

Gelfand v. Gelfand

The wife's appeal of the denial of her motion for declaratory relief in regard to her petition for an upward modification of child support was subject to the interlocutory appeal procedures, because her action was not truly one for declaratory judgment and issues remained pending below.

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