Alex Higdon v. Jane Higdon

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 11, 2015

The Court of Appeals hereby passes the following order:

A16D0157. ALEX HIGDON v. JANE HIGDON.

Alex Higdon seeks to appeal a trial court order that denied his request to file

a petition challenging the legality of the Family Court Division of the Superior Court

of Fulton County.1 The superior court’s order is final as to Higdon’s proposed

petition, and no provision of OCGA § 5-6-35 (a) appears to apply. Therefore, it

appears that Higdon has a right of direct appeal.

We will grant a timely application for discretionary appeal if the lower court’s

order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this

application is hereby GRANTED, and Higdon shall have ten days from the date of

this order to file a notice of appeal with the trial court. If he has already filed a notice

of appeal in the trial court, he need not file a second notice.

1 The trial court previously entered an order prohibiting Mr. Higdon from future filings without first gaining permission from the court. We affirmed that order on appeal. Higdon v. Higdon, 321 Ga. App. 260, 266-267 (4) (739 SE2d 498) (2013). The clerk of the trial court is DIRECTED to include a copy of this order in the record

transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 12/11/2015 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.