Hamilton v. Deutscher

Court of Appeals of Georgia

Hamilton v. Deutscher

412 S.E.2d 875, 201 Ga. App. 883, 1991 Ga. App. LEXIS 1617

CourtCourt of Appeals of Georgia

DecidedNovember 19, 1991

DocketA91A1891, A91A1892

StatusPublished

Cited by1 cases

This text of 412 S.E.2d 875 (Hamilton v. Deutscher) 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.

Bluebook

Hamilton v. Deutscher, 412 S.E.2d 875, 201 Ga. App. 883, 1991 Ga. App. LEXIS 1617 (Ga. Ct. App. 1991).

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Opinion

McMurray, Presiding Judge.

The father appeals directly in these child custody cases from an order declaring the father and mother unfit and placing the child in the custody of the maternal grandparents and from the denial of his motions for new trial. He did not seek and we did not grant a discretionary appeal. Held:

“ ‘OCGA § 5-6-35 (a) (2) and (d) (Code Ann § 6-701.1) provides [884]*884that appeals from judgments awarding or refusing to change child custody shall be by application in the nature of a petition to the appropriate appellate court filed with the clerk of that court within 30 days of the entry of the order. This court has held that appeals from orders dealing with child custody which are not filed pursuant to OCGA § 5-6-35 (Code Ann. § 6-701.1) must be dismissed for lack of jurisdiction. (Cit.)’ Jones v. Warrenfells, 166 Ga. App. 519 (305 SE2d 147) (1983).” Dudai v. Spisak, 170 Ga. App. 744 (318 SE2d 501). It follows that these direct appeals in these child custody cases must be dismissed.

Decided November 19, 1991. Laurens C. Lee, for appellant. O’Neal & Long, Michael J. Long, Bond & Zimmerman, Charles V. Bond, Jr., Robert E. Bergman, for appellees.

Appeals dismissed.

Sognier, C. J., and Andrews, J., concur.

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McMurray, Presiding Judge.

The father appeals directly in these child custody cases from an order declaring the father and mother unfit and placing the child in the custody of the maternal grandparents and from the denial of his motions for new trial. He did not seek and we did not grant a discretionary appeal. Held:

“ ‘OCGA § 5-6-35 (a) (2) and (d) (Code Ann § 6-701.1) provides [884]*884that appeals from judgments awarding or refusing to change child custody shall be by application in the nature of a petition to the appropriate appellate court filed with the clerk of that court within 30 days of the entry of the order. This court has held that appeals from orders dealing with child custody which are not filed pursuant to OCGA § 5-6-35 (Code Ann. § 6-701.1) must be dismissed for lack of jurisdiction. (Cit.)’ Jones v. Warrenfells, 166 Ga. App. 519 (305 SE2d 147) (1983).” Dudai v. Spisak, 170 Ga. App. 744 (318 SE2d 501). It follows that these direct appeals in these child custody cases must be dismissed.

Decided November 19, 1991. Laurens C. Lee, for appellant. O’Neal & Long, Michael J. Long, Bond & Zimmerman, Charles V. Bond, Jr., Robert E. Bergman, for appellees.

Appeals dismissed.

Sognier, C. J., and Andrews, J., concur.

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Bluebook (online)

412 S.E.2d 875, 201 Ga. App. 883, 1991 Ga. App. LEXIS 1617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-deutscher-gactapp-1991.

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