Opinion
A24A1739.
08-05-2024
BRIAN SCHIFFMAN v. KRISTEN SCHIFFMAN.
The Court of Appeals hereby passes the following order:
Brian Schiffman filed a notice of appeal from an order denying his motion to recuse the trial judge in these divorce proceedings. We lack jurisdiction.
Ordinarily, appeals from "judgments or orders in divorce, alimony, and other domestic relations cases" must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). In this case, however, the order denying the motion to recuse is not a final order. See Murphy v. Murphy, 322 Ga.App. 829, 830 (747 S.E.2d 21) (2013). Therefore, in order to appeal the trial court's order, Brian was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. OCGA § 5-6-34 (b). Parties seeking appellate review from an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute. See generally Bailey v. Bailey, 266 Ga. 832, 832-833 (471 S.E.2d 213) (1996). Brian's failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Ellis v. Stanford, 256 Ga.App. 294, 295 (2) (568 S.E.2d 157) (2002).