Shell v. Shell

Full title: SHELL v. SHELL

Court: Supreme Court of Georgia

Date published: Feb 28, 1978

242 S.E.2d 626 (Ga. 1978)

240 Ga. 865

Opinion

33271.

SUBMITTED FEBRUARY 10, 1978.

DECIDED FEBRUARY 28, 1978.

Divorce, etc. Floyd Superior Court. Before Judge Frazier.

Larry J. Barkley, for appellant.

Mundy Gammage, Gerry E. Holmes, for appellee.

UNDERCOFLER, Presiding Justice.

This appeal follows an award of attorney fees to the wife, granted upon remittitur of the case from this court. In the earlier case ( Shell v. Shell, 239 Ga. 566 ( 238 S.E.2d 99) (1977)), the only issue on appeal to this court was permanent alimony. The temporary alimony issue, which includes attorney fees, "remains in the breast of the trial court and may be revised in the discretion of the trial court at any time prior to the final determination of the case." Shepherd v. Shepherd, 233 Ga. 228, 232 ( 210 S.E.2d 731) (1974). "Final determination" may include appeals to this court. George v. George, 233 Ga. 637 ( 212 S.E.2d 813) (1975); Chlupacek v. Chlupacek, 226 Ga. 520 ( 175 S.E.2d 834) (1970).

Judgment affirmed. All the Justices concur.

UNDERCOFLER, Presiding Justice.

SUBMITTED FEBRUARY 10, 1978 — DECIDED FEBRUARY 28, 1978.