The opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 14, 2015
The Court of Appeals hereby passes the following order:
A16D0164. ANGELA BROWN v. KEITH BROWN.
Angela and Keith Brown were divorced in 2011. The final judgment and decree
of divorce incorporated a settlement agreement detailing, among other things, the
amount of alimony and child support to be paid, as well as other directives. Angela
Brown filed a petition for contempt, arguing that Keith Brown failed to pay the
alimony and child support payments directly to her and violated a number of other
requirements in the settlement agreement. The trial court denied her motion, finding
that “[t]he Final Judgment and Decree of Divorce Incorporating Settlement
Agreement is too vague to be enforceable such that Defendant cannot be held in
contempt.” Angela Brown filed an application for discretionary appeal to this Court,
specifically arguing, among other things, that the trial court erred in finding the Final
Judgment and Decree of Divorce vague and in refusing to find Keith Brown in
contempt based on his failure to pay child support and alimony payments directly to
her.
Under the Georgia Constitution of 1983, Art. VI, Sec. VI, Par. III (6), the
Supreme Court has appellate jurisdiction over "[a]ll divorce and alimony cases."
"[A]n appeal from the judgment in a contempt action seeking to enforce any portion
of [a] divorce decree other than child custody is ancillary to divorce and alimony and
falls within [the Supreme] Court's jurisdiction over ‘divorce and alimony cases.'
[Cits.]" Rogers v. McGahee, 278 Ga. 287, 288 (1) (602 SE2d 582) (2004); see also
Morris v. Surges, 284 Ga. 748, 750 (2) (670 SE2d 84) (2008). Accordingly, this
appeal is hereby TRANSFERRED to the Supreme Court.
Court of Appeals of the State of Georgia
12/14/2015
Clerk’s Office, Atlanta,____________________
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.