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Burke v. Childs

Court of Appeals of Georgia
Jul 7, 2021
No. A21A1604 (Ga. Ct. App. Jul. 7, 2021)

Opinion

A21A1604

07-07-2021

WILLIAM BURKE v. ROSA CHILDS et al.


The Court of Appeals hereby passes the following order:

Prison inmate William Burke filed a civil action against two clerks of the Dooly County Superior Court. The defendants filed a motion to dismiss based on official immunity, which the trial court granted. Burke now appeals directly to this Court, but we lack jurisdiction.

Because Burke is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the trial court's order. See Jones v. Townsend, 267 Ga. 489, 490 (480 S.E.2d 24) (1997). This appeal is therefore DISMISSED.


Summaries of

Burke v. Childs

Court of Appeals of Georgia
Jul 7, 2021
No. A21A1604 (Ga. Ct. App. Jul. 7, 2021)
Case details for

Burke v. Childs

Case Details

Full title:WILLIAM BURKE v. ROSA CHILDS et al.

Court:Court of Appeals of Georgia

Date published: Jul 7, 2021

Citations

No. A21A1604 (Ga. Ct. App. Jul. 7, 2021)