Davis v. Davis (Majority)Annotate this Case
The circuit court granted Cheryl Davis a divorce from Don Davis on the ground of general indignities. Don appealed, arguing that the circuit court erred in its division of the martial assets and in refusing to award him attorney’s fees. The Supreme Court accepted certification of this case from the court of appeals to answer the question of whether a divorce decree, such as the decree in this case, is a final and appealable order when it contains language permitting the parties to agree on a division of marital property prior to sale or language permitting the parties to agree on the details of the sale. The Supreme Court held that the divorce decree in this case was a final, appealable order because it was not a conditional judgment whose finality depended on certain contingencies that may or may not occur.