MARVIS MCDANIEL-IVEY v. CLAUDIA LAWSON ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 15, 2018
    The Court of Appeals hereby passes the following order:
    A19D0017. MARVIS MCDANIEL-IVEY v. CLAUDIA LAWSON et al.
    On May 15, 2018, the superior court entered an order denying Marvis
    McDaniel-Ivey’s motion to recuse the trial judge in three related civil proceedings.
    McDaniel-Ivey then filed, in the Supreme Court, an application for discretionary
    appeal seeking appellate review of the order denying her motion to recuse and several
    other orders entered in these proceedings. The Supreme Court docketed McDaniel-
    Ivey’s request for review of each order as a separate application, each of which it then
    transferred to this Court. The application seeking review of the order denying
    McDaniel-Ivey’s motion to recuse has been docketed in this Court as Case
    No. A19D0017.1 We lack jurisdiction.
    Nothing on the face of the superior court order at issue here suggests that it is
    a final order that disposes of all issues in the superior court actions. Thus,
    pretermitting whether an application for discretionary review was required,
    McDaniel-Ivey was required to follow the interlocutory appeal procedures set forth
    in OCGA § 5-6-34 (b) to appeal this order. See Bailey v. Bailey, 
    266 Ga. 832
    , 832-
    833 (471 SE2d 213) (1996); Scruggs v. Ga. Dept. of Human Resources, 
    261 Ga. 587
    ,
    1
    The other applications have been docketed in this Court as Case
    Nos. A19D0014, A19D0015, and A19D0016. The Supreme Court also transferred to
    this Court a prior, related application filed by McDaniel-Ivey in one of the related
    superior court actions, which has been docketed in this Court as Case No. A19D0003.
    We dismiss the applications in Case Nos. A19D0003, A19D0014, A19D0015, and
    A19D0016 by separate orders.
    588-589 (1) (408 SE2d 103) (1991). Her failure to do so deprives us of jurisdiction
    over this application, which is hereby DISMISSED. See Bailey, 
    266 Ga. at 833
    .
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/15/2018
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A19D0017

Filed Date: 8/27/2018

Precedential Status: Precedential

Modified Date: 8/27/2018