Caleb Cole Thompson v. Amber Louise Thompson

Court of Appeals of Georgia

Caleb Cole Thompson v. Amber Louise Thompson

DecidedApril 20, 2021

DocketA21D0255

StatusPublished

This text of Caleb Cole Thompson v. Amber Louise Thompson (Caleb Cole Thompson v. Amber Louise Thompson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Caleb Cole Thompson v. Amber Louise Thompson, (Ga. Ct. App. 2021).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2021

The Court of Appeals hereby passes the following order:

A21D0255. CALEB COLE THOMPSON v. AMBER LOUISE THOMPSON.

Amber Thompson, the plaintiff in this divorce case, filed several motions in the trial court for temporary relief (e.g., to modify a temporary order and to temporarily suspend visitation). In its amended order on the motions, the trial court ordered Caleb Thompson to pay Amber Thompson $6,498.50 in attorney fees and court costs. Acting pro se, Caleb Thompson filed this application for discretionary appeal from the award of attorney fees and costs. We lack jurisdiction. It is clear from the documents filed with this application that the divorce action remains pending before the trial court and the order Caleb Thompson seeks to appeal is a non-final order that did not resolve all issues in this action. As a result, he was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge the order. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). To the extent that both discretionary and interlocutory appeal procedures may apply, an applicant must follow the interlocutory appeal procedures and obtain a timely certificate of immediate review from the trial court before filing an application. See Scruggs, 261 Ga. at 588-589 (1). Caleb Thompson’s failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this application, which is hereby DISMISSED. See Bailey, 266 Ga. at 833. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2021 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ April 12, 2021

The Court of Appeals hereby passes the following order:

A21D0255. CALEB COLE THOMPSON v. AMBER LOUISE THOMPSON.

Amber Thompson, the plaintiff in this divorce case, filed several motions in the trial court for temporary relief (e.g., to modify a temporary order and to temporarily suspend visitation). In its amended order on the motions, the trial court ordered Caleb Thompson to pay Amber Thompson $6,498.50 in attorney fees and court costs. Acting pro se, Caleb Thompson filed this application for discretionary appeal from the award of attorney fees and costs. We lack jurisdiction. It is clear from the documents filed with this application that the divorce action remains pending before the trial court and the order Caleb Thompson seeks to appeal is a non-final order that did not resolve all issues in this action. As a result, he was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge the order. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). To the extent that both discretionary and interlocutory appeal procedures may apply, an applicant must follow the interlocutory appeal procedures and obtain a timely certificate of immediate review from the trial court before filing an application. See Scruggs, 261 Ga. at 588-589 (1). Caleb Thompson’s failure to follow the interlocutory appeal procedures deprives us of jurisdiction over this application, which is hereby DISMISSED. See Bailey, 266 Ga. at 833. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/12/2021 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.

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Caleb Cole Thompson v. Amber Louise Thompson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caleb-cole-thompson-v-amber-louise-thompson-gactapp-2021.

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