Shell v. Shell

Supreme Court of Georgia

Shell v. Shell

242 S.E.2d 626, 240 Ga. 865, 1978 Ga. LEXIS 856

CourtSupreme Court of Georgia

DecidedFebruary 28, 1978

Docket33271

StatusPublished

Cited by2 cases

This text of 242 S.E.2d 626 (Shell v. Shell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shell v. Shell, 242 S.E.2d 626, 240 Ga. 865, 1978 Ga. LEXIS 856 (Ga. 1978).

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Opinion

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 SE2d 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 caseN Shepherd v. Shepherd, 233 Ga. 228, 232 (210 SE2d 731) (1974) . "Final determination” may include appeals to this court. George v. George, 233 Ga. 637 (212 SE2d 813) (1975); Chlupacek v. Chlupacek, 226 Ga. 520 (175 SE2d 834) (1970).

Judgment affirmed.

All the Justices concur.

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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 SE2d 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 caseN Shepherd v. Shepherd, 233 Ga. 228, 232 (210 SE2d 731) (1974) . "Final determination” may include appeals to this court. George v. George, 233 Ga. 637 (212 SE2d 813) (1975); Chlupacek v. Chlupacek, 226 Ga. 520 (175 SE2d 834) (1970).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

242 S.E.2d 626, 240 Ga. 865, 1978 Ga. LEXIS 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shell-v-shell-ga-1978.

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