Tyrone Cornell Gibson, Jr. v. Tracy Gibson

Court of Appeals of the State of Georgia

ATLANTA,____________________ September 20, 2016

The Court of Appeals hereby passes the following order: A17D0048. TYRONE CORNELL GIBSON, JR. v. TRACY GIBSON.

Tyrone Cornell Gibson, Jr. filed this application for discretionary appeal from the trial court’s order denying his motion to enforce a settlement agreement in this divorce case. The order also set a date for a final trial in the case. Because the case remains pending below, the order that Tyrone Gibson wishes to appeal is interlocutory in nature.1 See Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587, 589 (1) (408 SE2d 103) (1991). A party seeking appellate review of an interlocutory order must follow the interlocutory application procedure set forth in OCGA § 5-6-34 (b), which includes obtaining a certificate of immediate review from the trial court. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b). See Bailey, supra. Tyrone Gibson’s failure to follow the interlocutory appeal procedure deprives us of jurisdiction over this application, which is therefore DISMISSED.

1 And because the order is interlocutory, this application does not fall within the Supreme Court’s jurisdiction over divorce and alimony cases. See Egeland v. Egeland, 279 Ga. 565 (619 SE2d 596) (2005).

Court of Appeals of the State of Georgia 09/20/2016 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.