Brian Schiffman v. Kristen Schiffman ( 2024 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 05, 2024
The Court of Appeals hereby passes the following order:
A24A1739. BRIAN SCHIFFMAN v. KRISTEN SCHIFFMAN.
Brian Schiffman filed a notice of appeal from an order denying his motion to
recuse the trial judge in these divorce proceedings. We lack jurisdiction.
Ordinarily, appeals from “judgments or orders in divorce, alimony, and other
domestic relations cases” must be initiated by filing an application for discretionary
review. OCGA § 5-6-35 (a) (2), (b). In this case, however, the order denying the
motion to recuse is not a final order. See Murphy v. Murphy, 322 Ga. App. 829, 830
(747 SE2d 21) (2013). Therefore, in order to appeal the trial court’s order, Brian was
required to comply with the interlocutory appeal procedure and obtain a certificate of
immediate review. OCGA § 5-6-34 (b). Parties seeking appellate review from an
interlocutory order that also implicates the discretionary application statute must
comply with the interlocutory application statute. See generally Bailey v. Bailey, 266
Ga. 832, 832-833 (471 SE2d 213) (1996). Brian’s failure to follow the proper appellate
procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
See Ellis v. Stanford, 256 Ga. App. 294, 295 (2) (568 SE2d 157) (2002).
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/05/2024
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.