Cale v. Byrdwell

Court of Appeals of Georgia

Cale v. Byrdwell

305 S.E.2d 468, 166 Ga. App. 901, 1983 Ga. App. LEXIS 2370

CourtCourt of Appeals of Georgia

DecidedJune 15, 1983

Docket66213

StatusPublished

Cited by1 cases

This text of 305 S.E.2d 468 (Cale v. Byrdwell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cale v. Byrdwell, 305 S.E.2d 468, 166 Ga. App. 901, 1983 Ga. App. LEXIS 2370 (Ga. Ct. App. 1983).

Pincite

Opinion

Birdsong, Judge.

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.

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