Summary
holding that O.C.G.A. § 19-6-2, involving divorce actions, authorizes recovery of attorney's fees and expenses of litigation incurred on appeal
Summary of this case from Wheatley v. Moe's Southwest Grill, LLCOpinion
33951.
SUBMITTED SEPTEMBER 18, 1978.
DECIDED OCTOBER 18, 1978.
Divorce, etc.; attorney fees. Echols Superior Court. Before Judge Calhoun.
A. W. Touchton, for appellant.
Bennett, Wisenbaker Bennett, Jim T. Bennett, Jr., Barry R. Chapman, for appellee.
Bobby Dan Staten appeals to this court from an order awarding his former wife additional attorney fees for expenses incurred by her as a result of his prior appeal in this divorce and alimony case. Affirmed, Staten v. Staten, 240 Ga. 478 ( 241 S.E.2d 237) (1978).
The trial judge has authority to enter an award of attorney fees to the wife's attorney for services rendered upon the husband's appeal in a divorce and alimony case. Shell v. Shell, 240 Ga. 865 ( 242 S.E.2d 626) (1978). When the former husband appeals a divorce and alimony judgment and the wife petitions the trial court for additional attorney fees prior to the entry of the remittitur, the trial court has authority to award attorney fees for the wife's defense of the husband's appeal. See Holleman v. Holleman, 69 Ga. 676, 677 (1882). By filing his notice of appeal the husband suspends the final judgment ( Shepherd v. Shepherd, 233 Ga. 228, 232 ( 210 S.E.2d 731) (1974), Code Ann. § 6-1002 (a)), and reinvests the trial court with jurisdiction as to temporary alimony, including attorney fees ( Twilley v. Twilley, 195 Ga. 297 ( 24 S.E.2d 46) (1943)), even without a reservation of jurisdiction ( Shell v. Shell, supra).
Judgment affirmed. All the Justices concur.