Opinion
A22D0087
11-01-2021
DAVEY M. WRIGHT v. JOANE M. TAPE.
The Court of Appeals hereby passes the following order:.
On September 1, 2021, the trial court entered a Family Violence Twelve Month Protective Order, in which it ordered Davey M. Wright to refrain from contact with Joane M. Tape and the parties' eight-year-old son. Appearing pro se, Wright filed a notice of appeal, a motion for new trial, and the instant application for discretionary appeal on October 1, 2021. We lack jurisdiction.
Appeals from final orders in domestic relations cases require an application for discretionary review. See Voyles v. Voyles, 301 Ga. 44, 45 (799 S.E.2d 160) (2017); OCGA § 5-6-35 (a) (2). However, Wright's motion for new trial remains pending below. Therefore, the September 1, 2021 order he seeks to challenge is not final, and Wright was required to comply with the interlocutory appeal procedures of OCGA § 5-6-34 (b) and obtain a certificate of immediate review from the trial judge in order to appeal the order. See Hann v. State, 292 Ga.App. 719, 720 (1) (665 S.E.2d 731) (2008); Drake v. Clutter, 194 Ga.App. 644, 645 (391 S.E.2d 473) (1990). Moreover, OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey v. Bailey, 266 Ga. 832, 833 (471 S.E.2d 213) (1996).
Wright's failure to comply with the interlocutory appeal procedures set forth above deprives this Court of jurisdiction over this application. Accordingly, Wright's 1 application is hereby DISMISSED. 2