Kevin Cleary v. Cynthia Marie Burke

Court of Appeals of the State of Georgia ATLANTA,____________________ March 10, 2015 The Court of Appeals hereby passes the following order: A15D0276. KEVIN CLEARY v. CYNTHIA MARIE BURKE. Kevin Cleary filed this discretionary application seeking to challenge a stalking protective order that was entered against him. A discretionary application, however, was not necessary. Based on the application materials provided, it appears that the protective order did not arise out of a domestic relations matter that would be subject to the discretionary appeal procedures in OCGA § 5-6-35 (a) (2). See OCGA § 19-11 (a) (defining the term “domestic relations action”); Schmidt v. Schmidt, 270 Ga. 461 ( 510 SE2d 810 ) (1999) (an application for discretionary appeal is required to challenge a family violence protective order). Moreover, we have consistently treated temporary stalking protective orders as directly appealable. See Thornton v. Hemphill, 300 Ga. App. 647 ( 686 SE2d 263 ) (2009); Rawcliffe v. Rawcliffe, 283 Ga. App. 264 ( 641 SE2d 255 ) (2007); McKlin v. Ivory, 266 Ga. App. 298 ( 596 SE2d 673 ) (2004); Johnson v. Smith, 260 Ga. App. 722 ( 580 SE2d 674 ) (2003). Accordingly, Cleary’s application is ordered GRANTED pursuant to OCGA § 5-6-35 (j). Kevin Cleary shall have 10 days from the date of this order to file a notice of appeal, if he has not already done so. If Cleary has already filed a notice of appeal, he need not file a second notice. The Clerk of the superior court is directed to include a copy of this order in the appeal record transmitted to this Court. Court of Appeals of the State of Georgia 03/10/2015 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.