Mike Redford v. State

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 15, 2016

The Court of Appeals hereby passes the following order: A16D0388. MIKE REDFORD v. THE STATE.

Mike Redford seeks discretionary review of the trial court’s order denying his motion to recuse the trial judge. The State has filed a motion to dismiss the application for discretionary appeal based upon Redford’s failure to follow the proper procedure for obtaining interlocutory review. An order denying a motion to recuse is interlocutory. See Murphy v. Murphy, 322 Ga. App. 829, 830 (747 SE2d 21) (2013); OCGA § 5-6-34 (a). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. See OCGA § 5-6-34 (b). Although Redford filed a discretionary application, “[t]he discretionary appeal statute does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).” Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Redford’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application. See Rolleston v. Glynn County Bd. of Tax Assessors, 213 Ga. App. 552 (445 SE2d 345) (1994).Accordingly, the State’s motion to dismiss is hereby GRANTED, and this application is DISMISSED.

Court of Appeals of the State of Georgia 06/15/2016 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.