Tamara B. Grissom v. Aaa Partners in Adoption, Inc.

Court of Appeals of the State of Georgia

ATLANTA,__________________ June 07, 2013

The Court of Appeals hereby passes the following order: A13A1642. TAMARA B. GRISSOM v. AAA PARTNERS IN ADOPTION, INC.

Tamara Grissom signed a voluntary surrender of parental rights to her minor child in favor of AAA Partners in Adoption, Inc., and the superior court terminated her parental rights.1 Grissom then filed motions to unseal the adoption records and to vacate the adoption and restore her parental rights. The court denied those motions, and Grissom did not file a timely notice of appeal. Several months later, however, she filed a “Sua Sponte Notice of Out-of-Time Appeal,” and an Amended Notice. The trial court construed these filings as a request for permission to file an out-of-time appeal, and it granted that request. We, however, lack jurisdiction. An out-of-time appeal is a judicially-created remedy that is limited to criminal cases. See, e. g., Cody v. State, 277 Ga. 553 (592 SE2d 419) (2004). Thus, in civil cases, an order granting an out-of-time appeal is ineffective to confer jurisdiction on the appellate court. Woodall v. Woodall, 248 Ga. 172, 173 (281 SE2d 619) (1981). Because the trial court’s order granting the out-of-time appeal was not effective, we are without jurisdiction to consider this appeal, which is therefore DISMISSED.

1 Although Grissom appealed from the termination order, her appeal was dismissed for failure to comply with the discretionary appeal requirements. See Case No. A12A2441 (Order of Aug. 29, 2012).

Court of Appeals of the State of Georgia 06/07/2013 Clerk’s Office, Atlanta,__________________ 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.