dissenting.
I respectfully dissent.
The suit seeks cancellation of a collateral note and deed to secure debt and hypothecation agreement, plus money damages. A counterclaim was filed against one of the plaintiffs for money damages. The trial court granted summary judgment to the defendant on the plaintiffs’ claim as well as summary judgment against the single plaintiff on the counterclaim. The plaintiffs appeal both aspects of the judgment.
Although the counterclaim involves only an action at law, over which this Court has jurisdiction, the complaint seeks equitable relief based on fraud. Butler v. Durham, 2 Ga. 413 (1), (4) (1847); National Bank v. Carlton, 96 Ga. 469, 473 (3) (23 SE 388) (1895); King v. King, *173225 Ga. 142 (2), (3) (166 SE2d 347) (1969). Since what amounts to its dismissal is contested on appeal, this Court has no jurisdiction of the appeal, as the Supreme Court of Georgia has appellate jurisdiction of “All equity cases.” Ga. Const. 1983, Art. VI, Sec. VI, Par. II (2). Thus it must be transferred to that court. Ga. Const. 1983, Art. VI, Sec. I, Par. VIII.
Decided March 17, 1987. Joe S. Champion, for appellants. Robert L. Kraselsky, for appellee.