Opinion
A25D0086
10-31-2024
LUANN EVANS MINIATIS v. RONALD MINIATIS.
The Court of Appeals hereby passes the following order:
Based on the limited application materials, it appears that Ronald Miniatis ("Husband") sued Luann Evans Miniatis ("Wife") for divorce in 2023. A final hearing was scheduled for September 6, 2024. In August 2024, the parties signed a settlement agreement resolving all issues. Six days later, Husband filed a motion for judgment on the pleadings "to allow the [c]ourt to enter a Final Judgment and Decree of Divorce without the need for an evidentiary hearing[.]" That same day, Wife filed a motion to set aside the settlement agreement. The trial court denied Wife's motion to set aside and awarded Husband attorney fees and costs under OCGA § 9-15-14 (b) for defending the motion. Wife seeks discretionary review of the attorney fee award, but we lack jurisdiction.
Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14. See OCGA § 5-6-35 (a) (10), (b). Here, however, it appears that the case remains pending below, as no final divorce decree has been entered. Accordingly, Wife was required to follow the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b) - including obtaining a certificate of immediate review - to challenge the fee award. See generally Bailey v. Bailey, 266 Ga. 832, 832-833 (471 S.E.2d 213) (1996) (a party seeking appellate review of an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute); see also Eidson v. Croutch, 337 Ga.App. 542, 543-545 (788 S.E.2d 129) (2016) (when an attorney fee order is issued before final judgment, a party seeking appellate review must follow the interlocutory appeal procedure). Wife's failure to follow the interlocutory appeal procedure deprives this Court of jurisdiction over this application for discretionary review. See Bailey, 266 Ga. at 832-833; Eidson, 337 Ga.App. at 543-545. This application is therefore DISMISSED.