Jonathan Culmer v. Maranatha Dormezil

• Court: Court of Appeals of Georgia
• Decided: May 9, 2023
• Docket: A23A1260
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 09, 2023

The Court of Appeals hereby passes the following order:

A23A1260. JONATHAN CULMER v. MARANATHA DORMEZIL.

In February 2023, Maranatha Dormezil obtained a l2-month family violence protective order against Jonathan Culmer. Culmer then filed this direct appeal. We, however, lack jurisdiction. An appeal from a trial court order entered in a domestic relations case must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). And this requirement applies to actions arising under the Family Violence Act, OCGA § 19-13-1 et seq. Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (punctuation omitted). Thus, Culmer’s failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/09/2023 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.