Gregory Smith v. Florette Smith
This text of Gregory Smith v. Florette Smith (Gregory Smith v. Florette Smith) 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.
Opinion
Court of Appeals of the State of Georgia
ATLANTA,____________________ September 02, 2025
The Court of Appeals hereby passes the following order:
A26A0153. GREGORY SMITH v. FLORETTE SMITH.
After the trial court granted Florette Smith a twelve-month protective order under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Gregory Smith 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); Phaneuf v. Anthony, 375 Ga. App. 636, 637 (917 SE2d 191) (2025). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Gregory’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,____________________ 09/02/2025 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.
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