Shawn Upson v. Clarice Upson

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ June 23, 2014

The Court of Appeals hereby passes the following order:

A14A1860. SHAWN UPSON v. CLARICE UPSON.

Clarice Upson obtained a family violence protective order against Shawn Upson. Shawn Upson filed this direct appeal. We lack jurisdiction. In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19- 13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra. Because Shawn Upson failed to follow the proper appellate procedure, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 06/23/2014 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.