Deshure Vickers v. Henry Singleton

Court of Appeals of Georgia

Deshure Vickers v. Henry Singleton

DecidedOctober 9, 2024

DocketA25A0428

StatusPublished

This text of Deshure Vickers v. Henry Singleton (Deshure Vickers v. Henry Singleton) 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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Deshure Vickers v. Henry Singleton, (Ga. Ct. App. 2024).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 09, 2024

The Court of Appeals hereby passes the following order:

A25A0428. DESHURE VICKERS v. HENRY SINGLETON.

On March 7, 2024, the superior court dismissed without prejudice Deshure Vickers’ petition for a temporary protective order. On May 20, 2024, Vickers filed her notice of appeal to the Supreme Court seeking review of the dismissal order. The Supreme Court transferred the matter to this Court. See Case No. S24A1359 (Sept. 4, 2024). We, however, lack jurisdiction. Pretermitting whether Vickers was required to follow the discretionary appeal procedures, we lack jurisdiction because her notice of appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Vickers’ notice of appeal was filed 74 days after entry of the order she seeks to appeal. Accordingly, the appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/09/2024 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,____________________ October 09, 2024

The Court of Appeals hereby passes the following order:

A25A0428. DESHURE VICKERS v. HENRY SINGLETON.

On March 7, 2024, the superior court dismissed without prejudice Deshure Vickers’ petition for a temporary protective order. On May 20, 2024, Vickers filed her notice of appeal to the Supreme Court seeking review of the dismissal order. The Supreme Court transferred the matter to this Court. See Case No. S24A1359 (Sept. 4, 2024). We, however, lack jurisdiction. Pretermitting whether Vickers was required to follow the discretionary appeal procedures, we lack jurisdiction because her notice of appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Vickers’ notice of appeal was filed 74 days after entry of the order she seeks to appeal. Accordingly, the appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/09/2024 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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Deshure Vickers v. Henry Singleton, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deshure-vickers-v-henry-singleton-gactapp-2024.

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