Mitchell v. Purser

Full title: MITCHELL et al. v. PURSER et al

Court: Court of Appeals of Georgia

Date published: Mar 12, 1986

342 S.E.2d 753 (Ga. Ct. App. 1986)

342 S.E.2d 753

Opinion

71600.

DECIDED MARCH 12, 1986.

Visitation rights. Laurens Superior Court. Before Judge Douglas.

Eric L. Jones, for appellants.

Randall C. Sorenson, for appellees.

CARLEY, Judge.

From a judgment granting appellees visitation rights to their grandchild, appellants filed a direct appeal to the Supreme Court. The Supreme Court transferred the case to this court. Pursuant to OCGA § 5-6-35 (a) (2), "[a]ppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases . . ." must be sought by application. (Emphasis supplied.) "` "Visitation privileges are, of course, part of custody. [Cits.]"'" Tuttle v. Stauffer, 177 Ga. App. 112 ( 338 S.E.2d 544) (1985). Therefore, "the instant appeal is subject to OCGA § 5-6-35 and must be dismissed for failure to comply with the procedure established by that statute." Dudai v. Spisak, 170 Ga. App. 744 ( 318 S.E.2d 501) (1984).

Appeal dismissed. McMurray, P. J., and Pope, J., concur.

DECIDED MARCH 12, 1986.