Lisaida Mejia v. Frantz Limage ( 2023 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    November 08, 2023
    The Court of Appeals hereby passes the following order:
    A24A0541. LISAIDA MEJIA v. FRANTZ LIMAGE.
    Frantz Limage obtained a l2-month family violence protective order against
    Lisaida Mejia, who then filed this direct appeal. We, however, 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
    review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 
    270 Ga. 461
    , 461-462
    (1) (
    510 SE2d 810
    ) (1999), disapproved in part 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). Mejia’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,____________________
    11/08/2023
    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: A24A0541

Filed Date: 11/8/2023

Precedential Status: Precedential

Modified Date: 11/14/2023