Gary Estime v. Kelly Funk

Court of Appeals of the State of Georgia ATLANTA,____________________ April 29, 2025 The Court of Appeals hereby passes the following order: A25A1578. GARY ESTIME v. KELLY FUNK. After the trial court granted Kelly Funk’s petition for a six-month protective order under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Gary Estime filed this direct appeal. We 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). Estime’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,____________________ 04/29/2025 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.