Sharon Bush Ellison v. State

• Court: Court of Appeals of Georgia
• Decided: September 9, 2016
• Docket: A17D0032
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 07, 2016

The Court of Appeals hereby passes the following order:

A17D0032. SHARON BUSH ELLISON v. THE STATE.

On August 10, 2016, Sharon Bush Ellison filed a pro se application for discretionary appeal to this Court seeking review of a state court’s order denying her motion to continue a hearing regarding a traffic violation. We, however, lack jurisdiction. Because the case remains pending in the state court, Ellison was required to follow the procedures for interlocutory review as set forth in OCGA § 5-6-34 (b), including obtaining a certificate of immediate review signed and entered by the trial court, to appeal the order she included with her application materials. See Gray v. Springs, 224 Ga. App. 427, 427 (481 SE2d 3) (1997); Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 588-589 (1) (408 SE2d 103) (1991). Ellison’s failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 09/07/2016 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.