Opinion
A24A0324
10-25-2023
FAZAIL AZIZAN v. ABBAS HAJIANBARZI.
The Court of Appeals hereby passes the following order:
Fazail Azizan filed a petition for a temporary protective order against Abbas Hajianbarzi under the Family Violence Act. The superior court dismissed the petition, and, in a separate order, awarded Hajianbarzi $3,000 in attorney fees. Azizan filed both a notice of appeal and a discretionary application, seeking to appeal both the dismissal and the attorney fees award. The superior court dismissed Azizan's appeal. Azizan then filed this direct appeal, seeking review of the superior court's dismissal of his appeal. We lack jurisdiction.
See Case No. A24D0066 (docketed Sept. 11, 2023).
As a rule, "a trial court's order dismissing a properly filed direct appeal is itself subject to a direct appeal." American Med. Security Group, Inc. v. Parker, 284 Ga. 102, 103 (2) (663 S.E.2d 697) (2008). However, a trial court's order dismissing an improperly filed direct appeal is not subject to direct appeal. See id. Here, a discretionary application was required to appeal the order dismissing Azizan's petition and the attendant fee award. See OCGA § 5-6-35 (a) (2) (requiring applications in domestic relations cases); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 S.E.2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 S.E.2d 543) (2021) (actions arising under the Family Violence Act are domestic relations cases which must be appealed through the discretionary application process); OCGA § 5-6-35 (a) (9) (requiring a discretionary application to appeal from orders granting or denying temporary restraining orders); see also OCGA § 5-6-35 (a) (6) (requiring a discretionary application to appeal in actions for damages in which the judgment is $10,000 or less). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996).
For these reasons, this direct appeal is hereby DISMISSED.