Gregory William Cuppett v. Melissa Henry

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ August 13, 2014

The Court of Appeals hereby passes the following order:

A14A2014. GREGORY WILLIAM CUPPETT v. MELISSA HENRY.

Melissa Henry obtained a family violence protective order against Gregory William Cuppett. After the trial court denied his motion to modify the order, Cuppett filed this direct appeal. We lack jurisdiction. In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra. Because Cuppett failed to follow the proper appellate procedure, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 08/13/2014 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.