Sarah Michelle Sutton v. Corey Giddens

Court of Appeals of Georgia

Sarah Michelle Sutton v. Corey Giddens

DecidedApril 17, 2014

DocketA14D0308

StatusPublished

This text of Sarah Michelle Sutton v. Corey Giddens (Sarah Michelle Sutton v. Corey Giddens) 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.

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Sarah Michelle Sutton v. Corey Giddens, (Ga. Ct. App. 2014).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ April 17, 2014

The Court of Appeals hereby passes the following order:

A14D0308. SARAH MICHELLE SUTTON v. COREY GIDDENS.

Sarah Michelle Sutton seeks to appeal the trial court’s order granting Corey Giddens’s petition to legitimate the parties’ minor child and establishing custody and visitation. Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases awarding, [or] refusing to change . . . child custody” are directly appealable. The order at issue 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). The order also granted Giddens visitation, which “is considered a custody issue.” Daniels v. Barnes, 289 Ga. App. 897, 899, n. 1 (658 SE2d 472) (2008); see also OCGA § 19-9-41 (4) (defining “child custody proceeding” as “a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”). 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. Sutton shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, she has already filed a 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 04/17/2014 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.

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Court of Appeals of the State of Georgia

ATLANTA,__________________ April 17, 2014

The Court of Appeals hereby passes the following order:

A14D0308. SARAH MICHELLE SUTTON v. COREY GIDDENS.

Sarah Michelle Sutton seeks to appeal the trial court’s order granting Corey Giddens’s petition to legitimate the parties’ minor child and establishing custody and visitation. Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases awarding, [or] refusing to change . . . child custody” are directly appealable. The order at issue 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). The order also granted Giddens visitation, which “is considered a custody issue.” Daniels v. Barnes, 289 Ga. App. 897, 899, n. 1 (658 SE2d 472) (2008); see also OCGA § 19-9-41 (4) (defining “child custody proceeding” as “a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue.”). 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. Sutton shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, she has already filed a 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 04/17/2014 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.

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Sarah Michelle Sutton v. Corey Giddens, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sarah-michelle-sutton-v-corey-giddens-gactapp-2014.

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