Mitchell v. Purser

342 S.E.2d 753, 178 Ga. App. 267, 1986 Ga. App. LEXIS 1650

Opinion

Carley, Judge.

From a judgment granting appellees visitation rights to their grandchild, appellants filed a direct appeal to the Supreme Court. The Supreme Court transferred the case to this court. Pursuant to OCGA § 5-6-35 (a) (2), “[ajppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases . . .” must be sought by application. (Emphasis supplied.) “ ‘ “Visitation privileges are, of course, part of custody. [Cits.]’”” Tuttle v. Stauffer, 177 Ga. App. 112 (338 SE2d 544) (1985). Therefore, “the instant appeal is subject to OCGA § 5-6-35 and must be dismissed for failure to comply with the procedure established by that statute.” Dudai v. Spisak, 170 Ga. App. 744 (318 SE2d 501) (1984).

Decided March 12, 1986. Eric L. Jones, for appellants. Randall C. Sorenson, for appellees.

Appeal dismissed.

McMurray, P. J., and Pope, J., concur.