Mabry v. Highsmith

• Decision Date: 28 June 2022
• Docket Number: A22A1534
• Parties: WILLIAM MABRY, II v. YARHONDA HIGHSMITH.
• Court: Georgia Court of Appeals

WILLIAM MABRY, II v. YARHONDA HIGHSMITH.

No. A22A1534

Court of Appeals of Georgia

June 28, 2022

The Court of Appeals hereby passes the following order:

In January 2022, Yarhonda Highsmith obtained a family violence protective order against William Mabry, II. In February 2022, Mabry moved to modify, or in the alternative, dissolve the protective order. The trial court denied Mabry's motion. Mabry then filed this appeal. The trial court's order, however, 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 actions arising under the Family Violence Act. See Schmidt v. Schmidt, 270 Ga. 461, 461 (1) (510 S.E.2d 810) (1999). "[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. "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Mabry's failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.