25957 | Ga. | Oct 8, 1970
GROENENDIJK
v.
GROENENDIJK.
Supreme Court of Georgia.
Hilliard & Head, H. Garland Head, III, for appellant.
Stanley H. Nylen, for appellee.
NICHOLS, Justice.
On December 16, 1969, the trial court rendered a judgment declaring the marriage sought to be dissolved by divorce to be void because of a prior undissolved marriage of the plaintiff. This judgment also decreed a child born of the void marriage to be legitimate and continued child support for the child but vacated a prior award of temporary alimony to the wife. On February 16, 1970, a motion to reconsider the prior judgment and again award temporary alimony to the wife was filed. On April 13, 1970, a judgment refusing to vacate and set aside the February judgment was rendered. Notice of appeal was filed on May *801 8, 1970. Other issues in the case are still pending in the trial court. Held:
The filing of the motion to reconsider the judgment of December 16, 1969, could not be considered as extending the time for filing a notice of appeal from an otherwise appealable judgment. See Adamson v. Adamson, 226 Ga. 719" court="Ga." date_filed="1970-09-10" href="https://app.midpage.ai/document/adamson-v-adamson-1322030?utm_source=webapp" opinion_id="1322030">226 Ga. 719, and citations. Inasmuch as the notice of appeal was not timely filed, the appeal must be dismissed.
Appeal dismissed. All the Justices concur.