Yevette B. Freeman v. Abdul Rauf ( 2022 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    July 19, 2022
    The Court of Appeals hereby passes the following order:
    A22A1388. YEVETTE B. FREEMAN v. ABDUL RAUF.
    In August 2021, the trial court entered a family violence twelve-month
    protective order against Yevette B. Freeman. Freeman later filed three motions to set
    aside and/or vacate the order, each of which the trial court denied or dismissed.
    Freeman then filed this direct appeal, seeking appellate review of the orders denying
    and dismissing her motions to set aside and the order granting Abdul Rauf’s petition
    for family violence protective order. We 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 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 
    312 Ga. 60
    , 64 (860 SE2d 543) (2021). “Compliance with the discretionary appeals procedure
    is jurisdictional.” Smoak v. Dept. of Human Resources, 
    221 Ga. App. 257
    , 257 (471
    SE2d 60) (1996). Freeman’s failure to follow the required appellate procedure
    deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    07/19/2022
    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: A22A1388

Filed Date: 7/19/2022

Precedential Status: Precedential

Modified Date: 7/19/2022