Sheril McRae v. Dshara McRae

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ October 17, 2018

The Court of Appeals hereby passes the following order:

A19A0475. SHERIL MCRAE v. DSHARA MCRAE.

After the trial court granted Dshara McRae’s petition for a six-month protective order under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Sheril McRae filed this direct appeal. We lack jurisdiction. Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Sheril McRae’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/17/2018 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.