Opinion
65070.
DECIDED NOVEMBER 22, 1982.
Contempt. Lamar Superior Court. Before Judge Crumbley.
Harold E. Martin, for appellant.
Lynn W. Wilson, for appellee.
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; Coleman v. Coleman, 240 Ga. 417, 420 ( 240 S.E.2d 870) (1977); Manuel v. Manuel, 239 Ga. 685, 688 ( 238 S.E.2d 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 S.E.2d 440) (1980)) but are without jurisdiction to make a final disposition of the case.
Code § 30-202 was rewritten by Ga. L. 1979, pp. 466, 473, but for these purposes remains substantially the same.
Transferred to the Supreme Court. Sognier, J., concurs. Pope, J., concurs in the judgment only.