Arianna Scott v. Kofi C. Asirifi ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 07, 2023
The Court of Appeals hereby passes the following order:
A24A0562. ARIANNA SCOTT v. KOFI C. ASIRIFI.
In July 2022, Arianna Scott obtained a family violence protective order against
Kofi C. Asirifi, the father of her minor child. Scott subsequently filed petitions for
contempt and for modification of the protective order, which the trial court denied on
October 6, 2022. Scott filed a notice of appeal on August 1, 2023, seeking to
challenge the October 6 decision. We lack jurisdiction for two reasons.
First, the trial court’s order is not subject to direct appeal. Pursuant to OCGA
§ 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain
review in a domestic relations case, including those that involve family violence.1 See
Schmidt v. Schmidt, 270 Ga. 461, 461 (1) (510 SE2d 810) (1999).“Compliance with
the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human
Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Scott’s failure to follow
the required appellate procedure deprives us of jurisdiction over this direct appeal.
Second, even if Scott was entitled to a direct appeal, her notice of appeal is
untimely. A notice of appeal must be filed within 30 days after entry of the appealable
order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an
absolute requirement to confer jurisdiction on this Court. Perlman v. Perlman, 318
Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Scott’s notice of appeal was filed 299
1
“[T]he term ‘family violence’ means . . . acts between past or present spouses,
persons who are parents of the same child, parents and children, stepparents and
stepchildren, foster parents and foster children, or other persons living or formerly
living in the same household[.]” OCGA § 19-13-1.
days after entry of the order she seeks to appeal.
For these reasons, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/07/2023
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.