Richard Patrick Owens, III v. Jennifer Noelle Brown

• Court: Court of Appeals of Georgia
• Decided: December 21, 2012
• Docket: A13D0148
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ December 21, 2012

The Court of Appeals hereby passes the following order:

A13D0148. RICHARD PATRICK OWENS, III v. JENNIFER NOELLE BROWN.

Richard Patrick Owens, III filed this application for discretionary appeal from the trial court’s order dismissing his petition for legitimation, custody, and child support. Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases including . . . awarding or refusing to change child custody” are directly appealable. The order dismissing Owens’s petition was directly appealable under OCGA § 5-6-34 (a) (11) “as it involved the establishment of legal custody over [the] child.” Caldwell v. Meadows, 312 Ga. App. 70, 77 (4) (717 SE2d 668) (2011). This Court will grant an otherwise timely discretionary application if the lower court’s order is directly appealable and the applicant has not already filed a notice of appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Owens 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 notice of appeal, he 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 12/21/2012 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.