Shepherd v. Shepherd, 37080

• Decision Date: 25 February 1981
• Docket Number: No. 37080,37080
• Citation: 275 S.E.2d 317,247 Ga. 273
• Parties: SHEPHERD v. SHEPHERD.
• Court: Georgia Supreme Court

Page 317

275 S.E.2d 317

247 Ga. 273

SHEPHERD v. SHEPHERD.

No. 37080.

Supreme Court of Georgia.

Feb. 25, 1981.

B. J. Smith, Smith, Longabagh, Hendon, Boyce, Dickson, Bell & Clark, P. A., Decatur, for Charles R. Shepherd.

Glenville Haldi, Atlanta, for Gail Adams Shepherd.

PER CURIAM.

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).

2. This is the tenth appearance of this case before this court. Previous appearances are detailed in Shepherd v. Shepherd, 244 Ga. 545, 261 S.E.2d 339 (1979).

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 per cent 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., and UNDERCOFLER, J., who dissent as to division 2.