Christy L. Grailer v. Shannon D. Jones

• Court: Court of Appeals of Georgia
• Decided: December 19, 2018
• Docket: A19A0707
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 07, 2018

The Court of Appeals hereby passes the following order:

A19A0707. CHRISTY L. GRAILER v. SHANNON D. JONES.

Christy L. Grailer, on behalf of her minor child, filed a petition for a family violence protective order against her ex-husband, the child’s father, Shannon D. Jones. Following a hearing, Grailer’s petition was dismissed. Thereafter, the trial court awarded Jones attorney fees pursuant to OCGA § 9-15-14, finding that Grailer had brought the petition solely to harass Jones. Grailer then filed this direct appeal. We lack jurisdiction. Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). Moreover, an appeal from a trial court order awarding § 9- 15-14 attorney fees must also be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Grailer’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/07/2018 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.