Summary
In Tyree v. Jackson, 226 Ga. 642 (177 S.E.2d 159) (1970), a case concerning the custody of a minor child, this court held that the notice of appeal superseded the judgment of custody, and the trial judge was without jurisdiction pending the appeal to enter an order finding the mother in contempt for refusing to obey the custody order.
Summary of this case from Irwin v. SmithOpinion
25868.
ARGUED JUNE 9, 1970.
DECIDED SEPTEMBER 10, 1970.
Custody of child; contempt. DeKalb Superior Court. Before Judge Thibadeau.
Mitchell, McClelland Jernigan, Freeman D. Mitchell, for appellant.
Mose S. Hayes, for appellee.
A supersedeas deprives the trial court of jurisdiction to take further proceedings towards the enforcement of the judgment superseded. West v. Gainesville Nat. Bank, 158 Ga. 640 ( 123 S.E. 870). See also Barnett v. Strain, 153 Ga. 43 (1) ( 111 S.E. 574); Town of Fairburn v. Brantley, 161 Ga. 199 (1) ( 130 S.E. 67); Tanner v. Wilson, 184 Ga. 628, 633 ( 192 S.E. 425); Abney v. Harris, 208 Ga. 184, 187 ( 65 S.E.2d 905). So, where, on the hearing of the plaintiff's application for a rule for contempt against the defendant for the alleged wilful refusal of the defendant to abide by a previous order of the court granting custody of the minor child of the parties to the plaintiff, it appeared that the defendant had timely filed a notice of appeal to this court from the judgment changing custody, nothing else appearing, the trial court had no jurisdiction to pass thereafter an order holding the defendant in contempt of court since the only purpose such an order could serve would be to enforce the court's previous judgment changing custody. It follows that the judgment of the trial court holding the defendant in contempt, having been entered at a time when the court had no jurisdiction to render it, was a nullity and such judgment accordingly must be reversed.
Judgment reversed. All the Justices concur.