Emanuel Davie Jones v. Gloria Lynn Jones

Court of Appeals of Georgia

Emanuel Davie Jones v. Gloria Lynn Jones

DecidedNovember 17, 2020

DocketA21D0084

StatusPublished

This text of Emanuel Davie Jones v. Gloria Lynn Jones (Emanuel Davie Jones v. Gloria Lynn Jones) 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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Emanuel Davie Jones v. Gloria Lynn Jones, (Ga. Ct. App. 2020).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 03, 2020

The Court of Appeals hereby passes the following order:

A21D0084. EMANUEL DAVIE JONES v. GLORIA LYNN JONES.

In this pending divorce action, Emanuel Davie Jones seeks discretionary review of a trial court order finding him in contempt for failure to comply with the court’s order on discovery and attorney fees. We lack jurisdiction. “Generally, an order is final and appealable when it leaves no issues remaining to be resolved, constitutes the court’s final ruling on the merits of the action, and leaves the parties with no further recourse in the trial court.” Thomas v. Douglas County, 217 Ga. App. 520, 522 (1) (457 SE2d 835) (1995). The trial court’s order herein is an interlocutory order because the divorce action remains pending below. Although Emanuel Jones filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b). 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). Where, as here, both discretionary and interlocutory appeal procedures 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). Jones’s failure to follow the interlocutory appeal procedures deprives this Court of jurisdiction of this application. Accordingly, this application is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/03/2020 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,____________________ November 03, 2020

The Court of Appeals hereby passes the following order:

A21D0084. EMANUEL DAVIE JONES v. GLORIA LYNN JONES.

In this pending divorce action, Emanuel Davie Jones seeks discretionary review of a trial court order finding him in contempt for failure to comply with the court’s order on discovery and attorney fees. We lack jurisdiction. “Generally, an order is final and appealable when it leaves no issues remaining to be resolved, constitutes the court’s final ruling on the merits of the action, and leaves the parties with no further recourse in the trial court.” Thomas v. Douglas County, 217 Ga. App. 520, 522 (1) (457 SE2d 835) (1995). The trial court’s order herein is an interlocutory order because the divorce action remains pending below. Although Emanuel Jones filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b). 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). Where, as here, both discretionary and interlocutory appeal procedures 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). Jones’s failure to follow the interlocutory appeal procedures deprives this Court of jurisdiction of this application. Accordingly, this application is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/03/2020 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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Emanuel Davie Jones v. Gloria Lynn Jones, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emanuel-davie-jones-v-gloria-lynn-jones-gactapp-2020.

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