Opinion
A24A1489
08-13-2024
JOSEPH KELLY v. CINDY LITTLETON HESTER.
The Court of Appeals hereby passes the following order:
After the trial court granted Cindy Littleton Hetzer's petition for a 12-month protective order under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Joseph Kelly filed this direct appeal. Cindy has filed a motion to dismiss the appeal, arguing that we lack jurisdiction. We agree.
The trial court spelled Cindy's last name "Hester," but it appears "Hetzer" is the correct spelling.
Appeals of orders in domestic relations cases - including actions arising under the Family Violence Act - must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 S.E.2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 S.E.2d 543) (2021). "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). Joseph's failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal.
Thus, Cindy's motion to dismiss is GRANTED, and this appeal is hereby DISMISSED. Cindy's motion to dismiss on other grounds is DENIED AS MOOT.