Dudai v. Spisak

Court of Appeals of Georgia

Dudai v. Spisak

318 S.E.2d 501, 170 Ga. App. 744, 1984 Ga. App. LEXIS 2022

CourtCourt of Appeals of Georgia

DecidedApril 12, 1984

Docket67642

StatusPublished

Cited by3 cases

This text of 318 S.E.2d 501 (Dudai v. Spisak) 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.

Bluebook

Dudai v. Spisak, 318 S.E.2d 501, 170 Ga. App. 744, 1984 Ga. App. LEXIS 2022 (Ga. Ct. App. 1984).

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Opinion

Carley, Judge.

Appellant-mother brings a direct appeal from an order awarding appellee-grandparents visitation rights to her child. “OCGA § 5-6-35 (a) (2) and (d) (Code Ann. § 6-701.1) provides that appeals from judgments awarding or refusing to change child custody shall be by application in the nature of a petition to the appropriate appellate court filed with the clerk of that court within 30 days of the entry of the order. This court has held that appeals from orders dealing with child custody which are not filed pursuant to OCGA § 5-6-35 (Code Ann. § 6-701.1) must be dismissed for lack of jurisdiction. [Cit.]” Jones v. Warrenfells, 166 Ga. App. 519 (305 SE2d 147) (1983). “Visitation privileges are, of course, part of custody. [Cit.]” Ledford v. Bowers, 248 Ga. 804, 805 (286 SE2d 293) (1982). It is clear that the instant case is an appeal awarding appellees child custody rights. As such, the instant appeal is subject to OCGA § 5-6-35 and must be dismissed for failure to comply with the procedure established by that statute.

Appeal dismissed.

Quillian, P. J., and Birdsong, J., concur. Jim Blanchard, Jr., for appellees.

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Carley, Judge.

Appellant-mother brings a direct appeal from an order awarding appellee-grandparents visitation rights to her child. “OCGA § 5-6-35 (a) (2) and (d) (Code Ann. § 6-701.1) provides that appeals from judgments awarding or refusing to change child custody shall be by application in the nature of a petition to the appropriate appellate court filed with the clerk of that court within 30 days of the entry of the order. This court has held that appeals from orders dealing with child custody which are not filed pursuant to OCGA § 5-6-35 (Code Ann. § 6-701.1) must be dismissed for lack of jurisdiction. [Cit.]” Jones v. Warrenfells, 166 Ga. App. 519 (305 SE2d 147) (1983). “Visitation privileges are, of course, part of custody. [Cit.]” Ledford v. Bowers, 248 Ga. 804, 805 (286 SE2d 293) (1982). It is clear that the instant case is an appeal awarding appellees child custody rights. As such, the instant appeal is subject to OCGA § 5-6-35 and must be dismissed for failure to comply with the procedure established by that statute.

Appeal dismissed.

Quillian, P. J., and Birdsong, J., concur. Jim Blanchard, Jr., for appellees.

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Bluebook (online)

318 S.E.2d 501, 170 Ga. App. 744, 1984 Ga. App. LEXIS 2022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dudai-v-spisak-gactapp-1984.

Opinion

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