Lora Brooks F/K/A Lora Brislin v. Christina Brislin

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 09, 2015

The Court of Appeals hereby passes the following order:

A16D0096. LORA BROOKS v. CHRISTINA BRISLIN.

Lora Brooks f/k/a Lora Brislin filed a petition against Christina Brislin seeking a change in child custody. The trial court entered judgment in favor of Brislin, and Brooks filed a motion for new trial. The trial court granted the motion in part and denied it in part, and Brooks filed this application for discretionary appeal.

Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody” are directly appealable. A party seeking to challenge an order in a child custody case, therefore, may file a direct appeal. See Cohen v. Cohen, 300 Ga. App. 7, 8 (1) (684 SE2d 94) (2009); Taylor v. Curl, 298 Ga. App. 45 (679 SE2d 80) (2009). We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Brooks shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, he has already filed a timely notice of appeal, she need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 11/09/2015

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.