Stacey J. Goldring v. Shelena Mauren Spencer

• Court: Court of Appeals of Georgia
• Decided: December 12, 2014
• Docket: A15D0154
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 09, 2014

The Court of Appeals hereby passes the following order:

A15D0154. STACEY J. GOLDRING v. SHELENA MAUREN SPENCER et al.

Stacey J. Goldring filed this application for discretionary appeal from the state court’s order dismissing her civil complaint. A party may appeal directly from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” OCGA § 5-6-34 (a) (1). The order that Goldring wishes to appeal is a final judgment, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply here. Thus, Goldring had a right of direct appeal. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Goldring shall have ten days from the date of this order to file a notice of appeal with the trial court. If she has already filed a notice of appeal in the trial court, she need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 12/09/2014 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.