Massey v. Massey, 294 Ga. 163

Husband and Wife divorced in October 2005; decree required $850 monthly child support and half of unreimbursed medical expenses, and ordered mortgage payments with Wife to receive house equity.
Husband failed to keep mortgage payments; house foreclosed; Wife obtained a 2008 contempt order requiring Husband to pay $50,600 and incarcerating him, later amended for payment plan and release after initial payment.
In October 2011 Wife filed a second contempt motion; Feb and Apr 2012 orders adjudicated Husband in contempt but did not impose fines or incarceration pending purge.
June 27, 2012, the trial court issued a Modified Contempt Order finding ongoing arrears and incarcerating Husband until specific monetary sums and fees were paid; purge conditions included reporting to work release and building an outbuilding by Sept 1.
Husband filed a notice of appeal and a supersedeas; the Court of Appeals transferred the appeal to this Court; this Court then dismissed the June 27 appeal for discretionary appeal procedural failure while allowing reconsideration.
On Oct 16, 2012, the trial court issued a contempt order for willful contempt; Husband’s appeal of the June 27 order remained pending, and the remittitur was not yet filed in the trial court. This Court later vacated the October 16 order due to lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the June 27 contempt order was proper for immediate appeal	Massey argued the order was immediately appealable without a discretionary application.	Massey contends the failure to file a discretionary application barred the appeal.	Dismissed to the extent challenging the June 27 order; improper procedural path barred review.
Whether the October 16 contempt order was void for lack of jurisdiction	Husband contends jurisdiction remained with the appellate remittitur pending dismissal.	Wife argues appellate remittitur did not bar later actions.	Vacated; trial court lacked jurisdiction to enter October 16 order while June 27 appeal was still pending.
Whether the June 27 order remained reviewable after dismissal	June 27 order review should proceed under OCGA provisions.	Dismissal precludes further review of that order.	Appeal of June 27 order dismissed to extent of prior appellate procedures; res judicata/law-of-the-case considerations applied.

Ramsey v. Ramsey, 231 Ga. 334 (1973) (immediate appealability of contempt orders in domestic relations cases)
Russo v. Manning, 252 Ga. 155 (1984) (contempt judgment in domestic relations is appealable only by discretionary appeal)
Mitchell v. Oliver, 254 Ga. 112 (1985) (no second appeal from same order when first appeal foreclosed)
Norris v. Norris, 281 Ga. 566 (2007) (two paths to appeal; discretionary route required if applicable)
Gilchrist v. Gilchrist, 323 Ga. App. 555 (2013) (OCGA 5-6-34(d) limits review of final judgments when appeal already raised)
In the Interest of I. S., 278 Ga. 859 (2005) (review limitations on deprivation orders when already reviewed)
Chambers v. State, 262 Ga. 200 (1992) (remittitur filing timing marks end of appellate jurisdiction in trial court)
Upton v. Jones, 280 Ga. 895 (2006) (supersedeas power and stay mechanics in civil appeals)