Mitchell v. Purser

Court of Appeals of Georgia

Mitchell v. Purser

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

CourtCourt of Appeals of Georgia

DecidedMarch 12, 1986

Docket71600

StatusPublished

Cited by1 cases

This text of 342 S.E.2d 753 (Mitchell v. Purser) 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

Mitchell v. Purser, 342 S.E.2d 753, 178 Ga. App. 267, 1986 Ga. App. LEXIS 1650 (Ga. Ct. App. 1986).

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Opinion

Carley, Judge.

From a judgment granting appellees visitation rights to their grandchild, appellants filed a direct appeal to the Supreme Court. *268 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.

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Carley, Judge.

From a judgment granting appellees visitation rights to their grandchild, appellants filed a direct appeal to the Supreme Court. *268 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.

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Bluebook (online)

342 S.E.2d 753, 178 Ga. App. 267, 1986 Ga. App. LEXIS 1650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-purser-gactapp-1986.

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