Opinion
A22I0215
07-20-2022
SAMMY JERNIGAN v. THE STATE.
The Court of Appeals hereby passes the following order:
Sammy Jernigan, who was charged with driving under the influence, is being prosecuted in the Walton County Probate Court. Jernigan made an oral motion to quash the citation, which the probate court denied. The probate court issued a certificate of immediate review, and Jernigan filed this application for interlocutory appeal.
Generally, the ruling of a probate court in a traffic case must be appealed - either directly or by certiorari - to the superior court. See OCGA § 5-4-3 (petition for certiorari to superior court); OCGA § 5-3-2 ("An appeal shall lie to the superior court from any decision made by the probate court, except an order appointing a temporary administrator."); OCGA § 40-13-28 (defendant convicted of traffic offense has right of appeal to superior court). If the party is then aggrieved by the decision of the superior court, a direct appeal may be filed in this Court. See OCGA § 5-6-35 (a) (1) (discretionary appeal procedure does not apply to decisions of probate courts).
OCGA § 15-9-123 (a), which provides that a party in a civil case in probate court shall have the right of appeal to an appellate court without first seeking review in superior court, does not apply here because this is not a civil case.
There is, however, no provision of law permitting interlocutory review from a probate court ruling. See Driver v. State, 198 Ga.App. 643, 644 (402 S.E.2d 524) (1991) (no right to appeal to superior court from interlocutory ruling of probate court). And Jernigan cites no authority permitting an appeal to this Court from such an interlocutory ruling in probate court, even by application. Accordingly, this application for interlocutory appeal is hereby DISMISSED.