Ellen Curiel Strauss F/K/A Ellen Curiel Francis v. Eddie Yeheskel Francis ( 2019 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
February 07, 2019
The Court of Appeals hereby passes the following order:
A19D0272. ELLEN CURIEL STRAUSS f/k/a ELLEN CURIEL FRANCIS v.
EDDIE YEHESKEL FRANCIS.
In lower court case no. 2016-CV-273184, the father, Eddie Yeheskel Francis,
filed a motion for modification of alimony and child support against the mother, Ellen
Curiel Strauss f/k/a Ellen Curiel Francis. On September 25, 2017, the superior court
entered its order on the modification motion. In that order, the superior court
specifically reserved ruling on the issue of attorney fees. In lower court case no.
2003-CV-68313, the mother filed a contempt action against the father for unpaid
alimony and child support. On December 10, 2018, the superior court enter its final
order on contempt and denied the mother’s request for attorney fees. Thereafter, on
January 8, 2019, the mother filed this application for discretionary appeal of the
superior court’s modification order, asserting that the interlocutory order is now final
based on the denial of attorney fees in the contempt case.1 The father has filed a
motion to dismiss the application because the order is not final. We agree.
There is no indication in the record that these two lower court cases were
consolidated below. And there does not appear to be any order addressing the issue
of attorney fees in the modification case. Therefore, the modification case is still
pending below and the mother was required to follow the interlocutory appeal
procedure to obtain appellate review of the modification order. See CitiFinancial
Svcs., Inc. v. Holland, 310 Ga. App. 480, 481 (713 SE2d 678) (2011); Miller v.
1
The mother has also filed an application for discretionary appeal of the superior
court’s contempt order. See Case No. A19D0271.
Miller, 282 Ga. 164, 165 (646 SE2d 469) (2007). Consequently, the mother’s failure
to follow the proper appellate procedure deprives us of jurisdiction to consider this
application. The father’s motion to dismiss is GRANTED, and this application is
hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/07/2019
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.