Opinion
A25A0006
08-05-2024
DARWIN POMPEY v. ARENTRIA MURRAY.
The Court of Appeals hereby passes the following order:
At the request of Arentria Murray, the trial court entered a twelve-month stalking protective order against Darwin Pompey. Pompey filed a motion to aside the protective order pursuant to OCGA § 9-11-60 (d), which the trial court denied. Pompey then filed this direct appeal. We, however, lack jurisdiction for two reasons.
First, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga.App. 116, 116-117 (640 S.E.2d 688) (2006). Second, appeals of orders in domestic relations cases, including those that involve family violence, must also be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b); 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). "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). Thus, Pompey's failure to file a discretionary application deprives this Court of jurisdiction over this appeal. See id.
"Family violence" is defined under the Family Violence Act as the occurrence of specified acts, including stalking, "between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, and other persons living or formerly living in the same household." OCGA § 19-13-1. Pompey and Murray are parents of the same minor child.
Accordingly, this appeal is hereby DISMISSED.