*1 208 Herbert,
Ted B. appellants. for Barnes, Barnes & Browning, Roy Casurella, Thomas J. for appellee.
38537. ROLLESTON v. ROLLESTON.
Order of Court. This case is appeal. However, here on direct the petitioner also application filed an appeal for pursuant to Code Ann. 6-701.1. The § having Court considered and application denied the appeal this is hereby dismissed.
All the Justices concur. 10, 1982 Ordered March
Rehearing 24, 1982. denied March Rolleston, Jr., Moreton Hutto, Jack S. appellant. for Williams, Amanda appellee. for Rehearing.
On Motion for Per curiam.
This matter brought was to this Court by application under (a) Code Ann. 6-701 2 (Application 1963) No. application § and an under Code Ann. 1964) 6-701.1 (Application No. by § and direct appeal (a)3 (this under case). Code Ann. 6-701 Both applications § were 8,1982, denied on March This rehearing 23,1982. denied March case was by dismissed 10,1982. Order dated March appellant The has moved for a rehearing.
Ancillary to divorce, for proceedings the trial court after a hearing issued an order temporarily (the restraining appellant the husband) defendant from selling, transferring or encumbering certain real personal and property. appellant The claims a right of appeal pursuant (a) to Code Ann. 3, 6-701 authorizing appeals of § “orders rendered after hearing, continuing effect, in modifying, vacating, or refusing continue, to modify or vacate temporary a restraining order.”
Assuming, without deciding, that the sought order to be appealed should be classified procedurally under Code Ann. 6-701 § (a) 3, it is clear that the “underlying subject matter” of the case was
209
case to
Assembly intended the
and, hence,
General
that the
divorce
Ann.
to Code
by application pursuant
to this court
brought
§
be
167) (1980).
(273
See,
Bedford,