dissenting.
Appellant’s motion insists that the validity of the divorce decree here involved was properly challenged in the original appeal. This issue was obscured by appellant’s failure to provide a transcript of the evidence considered by the trial court, and, as noted in Division 2 of the original opinion written by Justice Hall for the court, the enumerated errors which were dependent upon a review of the evidence failed to present any question *316for decision on appeal.
It is now argued that, despite the absence of a transcript of the evidence, the record discloses the trial court erred in granting a divorce to both parties in the last decree and that this court ought to consider this enumerated error of inconsistency in the last decree entered September 19,1973. A careful re-examination of the record convinces me that appellant did raise this issue on appeal and that the grant of a divorce to both parties was inconsistent and erroneous under Code § 30-109 and cases cited thereunder, including Perlotte v. Perlotte, 218 Ga. 27, 28 (126 SE2d 220).
I would, therefore, grant the motion for rehearing and vacate the final judgment entered by the trial court on September 19, 1973, with direction that a new decree be entered by the trial court in the case, consistent with Georgia law, based on the evidence previously considered by the trial court.