Darnell Amison v. Pamela Cain

Court of Appeals of the State of Georgia ATLANTA,____________________ May 31, 2017 The Court of Appeals hereby passes the following order: A17D0432. DARNELL AMISON v. PAMELA CAIN. Darnell Amison filed this application for discretionary appeal from an order denying his motion to recuse the trial judge from a pending legitimation and custody proceeding. We, however, lack jurisdiction. An order denying a motion to recuse is interlocutory. Murphy v. Murphy, 322 Ga. App. 829, 830 ( 747 SE2d 21 ) (2013). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. OCGA § 5-6-34 (b). Although Amison contends that a discretionary application is proper under OCGA § 5-6-35 (a) (2) on the basis that this is a domestic relations case, “[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). Amison’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider his application. See Warringer v. Warringer, 204 Ga. App. 86, 86 ( 418 SE2d 446 ) (1992). Accordingly, his application is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/31/2017 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.