Joseph Dingler v. Heather Moore

Court of Appeals of the State of Georgia ATLANTA,____________________ October 05, 2017 The Court of Appeals hereby passes the following order: A18A0275. JOSEPH DINGLER v. HEATHER MOORE. Joseph Dingler filed this direct appeal from a family violence protective order entered against him. We, however, lack jurisdiction. In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra. Because Dingler failed to follow the proper appellate procedure, this appeal is DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 10/05/2017 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.