Serpentfoot v. Salmon

Court of Appeals of Georgia

Serpentfoot v. Salmon

483 S.E.2d 927, 225 Ga. App. 478, 97 Fulton County D. Rep. 1452, 1997 Ga. App. LEXIS 423

CourtCourt of Appeals of Georgia

DecidedMarch 13, 1997

DocketA97A1004

StatusPublished

Cited by5 cases

This text of 483 S.E.2d 927 (Serpentfoot v. Salmon) 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

Serpentfoot v. Salmon, 483 S.E.2d 927, 225 Ga. App. 478, 97 Fulton County D. Rep. 1452, 1997 Ga. App. LEXIS 423 (Ga. Ct. App. 1997).

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Opinion

McMurray, Presiding Judge.

Serpentfoot, a county prisoner formerly known as Anne Clay Otwell, filed a petition entitled, “Motion and Citation for Contempt,” against a trial court judge and an assistant district attorney and a county attorney (defendants), seeking to have defendants charged with criminal offenses and held in contempt for treating her present name as an alias in an unrelated criminal proceeding. A different trial judge dismissed Serpentfoot’s petition, pursuant to OCGA § 9-15-2 (d), finding it insufficient to present any justiciable issue of law or fact. This direct appeal followed. Held:

The Prison Litigation Reform Act of 1996 provides that “[ajppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.” OCGA § 42-12-8. The case sub judice is subject to this provision because Serpentfoot filed her “Motion and Citation for Contempt” and her notice of appeal while a county prisoner. See OCGA § 42-12-3 (4). Since Serpentfoot has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens 223 Ga. App. 139 (476 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss Serpentfoot’s appeal.

Appeal dismissed.

Beasley and Smith, JJ, concur.

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McMurray, Presiding Judge.

Serpentfoot, a county prisoner formerly known as Anne Clay Otwell, filed a petition entitled, “Motion and Citation for Contempt,” against a trial court judge and an assistant district attorney and a county attorney (defendants), seeking to have defendants charged with criminal offenses and held in contempt for treating her present name as an alias in an unrelated criminal proceeding. A different trial judge dismissed Serpentfoot’s petition, pursuant to OCGA § 9-15-2 (d), finding it insufficient to present any justiciable issue of law or fact. This direct appeal followed. Held:

The Prison Litigation Reform Act of 1996 provides that “[ajppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.” OCGA § 42-12-8. The case sub judice is subject to this provision because Serpentfoot filed her “Motion and Citation for Contempt” and her notice of appeal while a county prisoner. See OCGA § 42-12-3 (4). Since Serpentfoot has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal. Botts v. Givens 223 Ga. App. 139 (476 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss Serpentfoot’s appeal.

Appeal dismissed.

Beasley and Smith, JJ, concur.

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Bluebook (online)

483 S.E.2d 927, 225 Ga. App. 478, 97 Fulton County D. Rep. 1452, 1997 Ga. App. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serpentfoot-v-salmon-gactapp-1997.

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