Opinion
73711.
DECIDED APRIL 22, 1987.
Action on policy. Ware Superior Court. Before Judge Holton.
Franklin D. Rozier, Jr., Richard D. Phillips, for appellant.
Terry A. Dillard, Bryant H. Bower, Jr., for appellee.
Appellant brought an action against appellee seeking specific performance of certain provisions of an insurance policy, as well as damages stemming from appellee's alleged breach of the insurance contract. This appeal followed the trial court's grant of summary judgment to appellee.
Our initial inquiry must be whether we have jurisdiction to consider this matter. An action seeking specific performance seeks equitable relief (see 20/20 Vision Center v. Hudgens, 256 Ga. 123, 131 ( 345 S.E.2d 330) (1986); Morgan v. Mitchell, 209 Ga. 348 (2) ( 72 S.E.2d 310) (1952)), and an appeal from a judgment rendered pursuant to a request for equitable relief is within the jurisdiction of the Supreme Court. 1983 Ga. Const., Art. VI, Sec. VI, Par. III (2). See Iannicelli v. Iannicelli, 169 Ga. App. 155 (2) ( 311 S.E.2d 850) (1983).
Appellee urges jurisdiction in this court on the ground that, should appellant succeed on appeal, money damages could be ascertained to adequately compensate appellant, thereby giving him an adequate remedy at law. However, "[d]amages in lieu of specific performance cannot be recovered unless the plaintiff can prove his right to the latter remedy. [Cit.]" Johnson v. Bourchier, 245 Ga. 124 (2) ( 263 S.E.2d 157) (1980). See also Golden v. Frazier, 244 Ga. 685 (3) ( 261 S.E.2d 703) (1979). It is for the Supreme Court to determine whether any of appellant's enumerations of error are meritorious.
Case transferred to Supreme Court. Banke, P. J., and Carley, J., concur.