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Cale v. Byrdwell

Court of Appeals of Georgia
Jun 15, 1983
305 S.E.2d 468 (Ga. Ct. App. 1983)

Opinion

66213.

DECIDED JUNE 15, 1983.

Contempt. Forsyth Superior Court. Before Judge Palmour.

Jon W. McClure, for appellant.

Glenda W. Hardigg, for appellee.


This is an attempt to appeal a contempt order in an alimony action, which by law is subject to application for discretionary appeal (OCGA § 5-6-35 (Code Ann. § 6-701.1)) to the Supreme Court (Georgia Constitution, Art. VI, Sec. II, Par. IV (Code Ann. § 2-2804)). In fact, the appellant did file application for discretionary appeal of this case to the Supreme Court, and was denied.

Appellant's contention on simultaneous direct appeal to this court is that the case does not involve alimony but involves "failure to transfer property arising from a jury directed property settlement." However, the jury specifically designated this property transfer as alimony in a divorce case. The Court of Appeals does not have jurisdiction of this case (Georgia Constitution, Art. VI, Sec. II, Par. IV).

Appeal dismissed. Shulman, C. J., and McMurray, P. J., concur.

DECIDED JUNE 15, 1983.


Summaries of

Cale v. Byrdwell

Court of Appeals of Georgia
Jun 15, 1983
305 S.E.2d 468 (Ga. Ct. App. 1983)
Case details for

Cale v. Byrdwell

Case Details

Full title:CALE v. BYRDWELL

Court:Court of Appeals of Georgia

Date published: Jun 15, 1983

Citations

305 S.E.2d 468 (Ga. Ct. App. 1983)
166 Ga. App. 901

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