Tracey Bennett v. Michael Liberty

• Court: Court of Appeals of Georgia
• Decided: February 25, 2016
• Docket: A16A0975
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 25, 2016

The Court of Appeals hereby passes the following order:

A16A0975. TRACEY BENNETT v. MICHAEL LIBERTY.

Michael Liberty obtained a family violence protective order against Tracey Bennett, after which Bennett 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 Bennett failed to follow the proper appellate procedure, this appeal is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 02/25/2016 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.