DECIDED FEBRUARY 25, 1981. REHEARING DENIED MARCH 11, 1981.
Motion to enforce contempt judgment, etc. DeKalb Superior Court. Before Judge Federal.
Smith, Longabaugh, Hendon, Boyce, Dickson, Bell Clark, B.J. Smith, Robert L. Pennington, Kevin C. Greene, for appellant. Glenville Haldi, for appellee.
1. It appearing that no application for discretionary appeal has been filed, this case must be and hereby is dismissed. Code Ann. § 6-701.1; Godbold v. Godbold, 245 Ga. 121 ( 263 S.E.2d 440) (1980).
We find that this appeal was taken for delay only. The appellee's motion to tax damages for delay is granted, and the clerk is directed to enter ten percent damages on the judgment of $63,858.84 upon the remittitur. Code Ann. § 6-1801; Cale v. Cale, 244 Ga. 191 ( 259 S.E.2d 449) (1979).
All the Justices concur, except Jordan, C. J., Undercofler and Clarke, JJ., who dissent as to Division 2.