Grace McGinn v. John Reel

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ November 08, 2013

The Court of Appeals hereby passes the following order:

A14D0077. GRACE MCGINN v. JOHN REEL.

Grace McGinn seeks to appeal the trial court’s order denying her timely-filed motion for new trial in this legitimation case. The underlying order granted John Reel’s petition to legitimate the parties’ minor child and established custody and visitation. Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases including . . . awarding or refusing to change child custody” are directly appealable. The order at issue was directly appealable under OCGA § 5-6-34 (a) (11) “as it involved the establishment of legal custody over [the] child.” Caldwell v. Meadows, 312 Ga. App. 70, 77 (4) (717 SE2d 668) (2011).

Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). In this case, however, McGinn states that she has already filed a timely notice of appeal. Accordingly, this application is superfluous, and it is therefore DISMISSED.

Court of Appeals of the State of Georgia 11/08/2013

Clerk’s Office, Atlanta,__________________ 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.