Opinion
A23A1687
07-10-2023
VICTORIA CHRISTIAN RUSSELL v. ROBERT W. RUSSELL.
The Court of Appeals hereby passes the following order:
In this civil action arising under the Family Violence Act, OCGA § 19-13-1 et seq., the trial court entered a "Stalking Three Year/Permanent Protective Order" on April 6, 2023. Respondent Victoria Christian Russell then filed a notice of appeal on May 26, 2023, seeking appellate review of the April 6 order. We lack jurisdiction for several reasons.
It appears that Victoria Christian Russell filed a motion to set aside the April 6 order. However, the record does not contain a ruling on that motion.
First, a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Redford v. State, 357 Ga.App. 247, 250 (850 S.E.2d 447) (2020). Victoria Christian Russell's notice of appeal is untimely, as it was filed 50 days after entry of the order.
Moreover, appeals of orders in domestic relations cases - including actions arising under the Family Violence Act - must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); 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). Victoria Christian Russell's failure to follow the required appellate procedure deprives us of jurisdiction.
Accordingly, this direct appeal is hereby DISMISSED.