X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Appellant Richard Paul Keck brought a complaint for modification of child support and visitation, and in connection therewith sought a determination from the trial court that Georgia’s Child Support Guidelines, OCGA § 19-6-15, is invalid under the Supremacy Clause of the United States Constitution, U. S. Const., Art. VI. The case is before the Court from the grant of discretionary review of an order upholding the constitutionality of the guidelines on all grounds asserted. We affirm. 1. The trial court’s order does not constitute a final judgment, as the claim for modification remains pending below. OCGA § 5-6-34 a 1. The trial court denied Keck’s “motion to declare Georgia’s child support guidelines unconstitutional” and also denied a motion for reconsideration. A motion to declare a statute unconstitutional is an appropriate means of raising that issue. See Ward v. McFall , __Ga.__ Case Number S03A1365, decided March 1, 2004; Dill v. Dill , 232 Ga. 231 206 SE2d 6 1974. However, an interlocutory order denying such a motion is appealable only when the trial court issues a certificate of immediate review and this Court grants an interlocutory appeal pursuant to OCGA § 5-6-34 b. See Ward v. McFall , supra; Dill v. Dill , supra; Lane v. Morrison , 226 Ga. 526, 527 175 SE2d 830 1970.

The trial court purported to certify its order as final pursuant to OCGA § 9-11-54 b. For that subsection of the Civil Practice Act to apply, however, the order must be a “judgment” in the sense that it is a decision upon a cognizable claim for relief, and it must be “final” in the sense that it is “an ultimate disposition of an individual claim entered in the course of a multiple claims action.” Cit. Curtiss-Wright Corp. v. General Elec. Co. , 446 U. S. 1, 7 100 SC 1460, 64 LE2d 1 1980 construing the identical provisions of Federal Rule of Civil Procedure 54 b. “An order on a collateral issue such as the manner of the adjudication of the claims cannot be a judgment under” OCGA § 9-11-54 b. 10 Moore’s Federal Practice, § 54.22 2 a ii 3d ed.. The trial court’s order here did not dispose of any claim, but only determined that Keck’s single claim for modification would be resolved in accordance with OCGA § 19-6-15. See Georgia Farm Bureau Mut. Ins. Co. v. Wall , 242 Ga. 176, 177 1 249 SE2d 588 1978.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a junior-mid level associate their rapidly ...


Apply Now ›

Shipman & Goodwin LLP is seeking an associate to join our corporate and transactional practice. Candidates must have four to eight years...


Apply Now ›

SENIOR ASSOCIATE ATTORNEY, BOUTIQUE LAW FIRM, CORPORATE LAW We provide strategic advisory and legal services to the world's leading archite...


Apply Now ›