Shadaha Anderson v. Larrentis Thomas

• Court: Court of Appeals of Georgia
• Decided: January 3, 2025
• Docket: A25A0596
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 03, 2025

The Court of Appeals hereby passes the following order:

A25A0596. SHADAHA ANDERSON v. LARRENTIS THOMAS.

In August 2023, plaintiff Shadaha Anderson filed a petition to modify child custody and child support. Defendant Larrentis Thomas filed a motion for summary judgment and a separate motion in which, inter alia, he asked to be awarded OCGA § 9-15-14 attorney fees. On July 2, 2024, the trial court issued an order granting Thomas’s motion for summary judgment and giving him 30 days to file a supplemental brief as to his fee request, after which Thomas filed a brief again requesting attorney fees under OCGA § 9-15-14. The trial court thereafter awarded Thomas $8,700 in OCGA § 9-15-14 attorney fees. On September 23, 2024, Anderson filed a notice of appeal, seeking to appeal the July 2 summary judgment order and the subsequent fee award. We lack jurisdiction. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). We lack jurisdiction to review the July 2 summary judgment order because Anderson untimely filed her notice of appeal 83 days after entry of that order. The trial court’s attorney fee award does not change that result. A trial court order that reserves ruling on a request for attorney fees generally is not final and appealable. See CitiFinancial Svcs. v. Holland, 310 Ga. App. 480, 480-481 (713 SE2d 678) (2011). But an otherwise final order that reserves ruling on a request for OCGA § 9-15-14 attorney fees is final and appealable, and the pendency of such a request does not toll the time to file an appeal from such an order. See Hill v. Buttram, 255 Ga. App. 123, 123-124 (564 SE2d 531) (2002). Here, the July 2 order granting summary judgment to Thomas on Anderson’s request to modify custody was directly appealable under OCGA §§ 5-6-35 (a) (11) and 9-11-56 (h). And Thomas’s pending request for OCGA § 9-15-14 attorney fees — on which the trial court essentially reserved ruling in its July 2 order — neither rendered the order non-final nor tolled the time to appeal that order. See Hill, 255 Ga. App. at 123-124. Finally, an appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Consequently, Anderson’s failure to follow the discretionary review procedure deprives us of jurisdiction over her appeal from the OCGA § 9-15-14 attorney fee award. See Capricorn Systems, 253 Ga. App. at 842. For the above reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/03/2025 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.