Iannicelli v. Iannicelli

Birdsong, Judge.

This appeal arises from the trial court’s judgment against appellant/husband on his affidavit of illegality filed in response to appellee/wife’s fi. fa. issued on the alimony provisions of their 1972 divorce decree. The threshold question is whether this court has jurisdiction to consider this matter. Although there appears to be no clear cut precedent, we are of the opinion that jurisdiction over this appeal lies in the Supreme Court.

1. First, we consider this appeal to arise from an attempt to enforce the Georgia divorce decree. The Supreme Court held in Griffin v. Griffin,…