Shooter Alley, Inc. v. City of Doraville, Georgia

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 07, 2016

The Court of Appeals hereby passes the following order: A16D0429. SHOOTER ALLEY, INC. v. CITY OF DORAVILLE, GEORGIA.

Shooter Alley, Inc. filed this application for discretionary review, seeking leave to appeal a May 20, 2016 order finding the company to be in civil and criminal contempt of an injunctive order and ordering the company to pay attorney fees under OCGA § 9-15-14. A discretionary application, however, was not necessary here. Judgments of contempt are directly appealable. OCGA § 5-6-34 (a) (2); In re Booker, 186 Ga. App. 614 (367 SE2d 850) (1988). Although an order awarding OCGA § 9- 15-14 fees requires a discretionary application, here the attorney fee award is being appealed along with a directly appealable ruling. Thus, no application is required. See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 SE2d 666) (1989); see also Haggard v. Board of Regents, 257 Ga. 524, 526 (4) (a) (360 SE2d 566) (1987). We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Shooter Alley shall have ten days from the date of this order to file a notice of appeal with the trial court. If, however, Shooter Alley has already filed a notice of appeal from the order at issue, it need not file a second notice. The clerk of the trial court is DIRECTED to include a copy of this order in the record transmitted to the Court of Appeals.

Court of Appeals of the State of Georgia 07/07/2016 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.