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Burke v. Sutherland-Burke

Court of Appeals of Georgia
Dec 7, 2022
No. A23A0682 (Ga. Ct. App. Dec. 7, 2022)

Opinion

A23A0682

12-07-2022

CLIFFORD BURKE v. ETHEL SUTHERLAND-BURKE.


The Court of Appeals hereby passes the following order:

In September 2022, Ethel Sutherland-Burke obtained a 12-month family violence protective order against Clifford Burke. Clifford then filed this direct appeal. We, however, lack jurisdiction.

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." Hair Restoration Specialists v. State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Thus, Clifford's failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Duffy v. Sanders, 354 Ga.App. 684, 686 (841 S.E.2d 415) (2020).


Summaries of

Burke v. Sutherland-Burke

Court of Appeals of Georgia
Dec 7, 2022
No. A23A0682 (Ga. Ct. App. Dec. 7, 2022)
Case details for

Burke v. Sutherland-Burke

Case Details

Full title:CLIFFORD BURKE v. ETHEL SUTHERLAND-BURKE.

Court:Court of Appeals of Georgia

Date published: Dec 7, 2022

Citations

No. A23A0682 (Ga. Ct. App. Dec. 7, 2022)