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164 Ga. App. 477
Ga. Ct. App.
1982
Deen, Presiding Judge.

We have no jurisdiction over the subject matter of this appeal, which is a judgment holding appellant in contempt for failure to pay attorney fees made a part of the judgment granting divorce and alimony. Attorney fees are a part of the temporary alimony. Code § 30-202;1 Coleman v. Coleman, 240 Ga. 417, 420 (240 SE2d 870) (1977); Manuel v. Manuel, 239 Ga. 685, 688 (238 SE2d 328) (1977). As such, it is within the constitutional jurisdiction of the Supreme Court, to which we transfer the case. “Any case carried to the . . . Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the... Supreme Court.” Code § 2-3104. We recognize the thrust of the motion to dismiss (see Godbold v. Godbold, 245 Ga. 121 (263 SE2d 440) (1980)) but are without jurisdiction to make a final disposition of the case.

Transferred to the Supreme Court.

Sognier, J., concurs. Pope, J., concurs in the judgment only.

Notes

Code § 30-202 was rewritten by Ga. L. 1979, pp. 466,473, but for these purposes remains substantially the same.

Case Details

Case Name: Tucker v. Tucker
Court Name: Court of Appeals of Georgia
Date Published: Nov 22, 1982
Citations: 164 Ga. App. 477; 298 S.E.2d 159; 1982 Ga. App. LEXIS 2841; 65070
Docket Number: 65070
Court Abbreviation: Ga. Ct. App.
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