Gary Estime v. Kelly Funk

• Court: Court of Appeals of Georgia
• Decided: April 29, 2025
• Docket: A25A1578
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 29, 2025

The Court of Appeals hereby passes the following order:

A25A1578. GARY ESTIME v. KELLY FUNK.

After the trial court granted Kelly Funk’s petition for a six-month protective order under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Gary Estime 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 review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Estime’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,____________________ 04/29/2025 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.