Michael J. Hauf v. Natalya Hauf

• Court: Court of Appeals of Georgia
• Decided: December 24, 2019
• Docket: A20A0835
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 06, 2019

The Court of Appeals hereby passes the following order:

A20A0835. MICHAEL J. HAUF v. NATALYA HAUF.

Michael J. Hauf filed this direct appeal from the trial court’s “Stalking Twelve Month Protective Order” prohibiting him from contacting his ex-wife. However, appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Michael Hauf’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,____________________ 12/06/2019 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.