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FARMER v. GEORGIA DEPARTMENT OF HUMAN SERVICES EX REL. FARMER, A17A0548. (2016)

Court: Court of Appeals of Georgia Number: ingaco20161130188 Visitors: 9
Filed: Nov. 30, 2016
Latest Update: Nov. 30, 2016
Summary: Order On April 12, 2016, Curtis Farmer filed his notice of appeal referencing a trial court judgment entered on November 3, 2010. Farmer then filed an amended notice of appeal referencing a trial court judgment entered on May 9, 2016. However, the record does not include judgments entered on either of those days. Given the apparent absence of a trial court order, we have nothing to review. See Amica v. State, 307 Ga.App. 276 , 282 (2) ( 704 S.E.2d 831 ) (2010). The only order in the record
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Order

On April 12, 2016, Curtis Farmer filed his notice of appeal referencing a trial court judgment entered on November 3, 2010. Farmer then filed an amended notice of appeal referencing a trial court judgment entered on May 9, 2016. However, the record does not include judgments entered on either of those days. Given the apparent absence of a trial court order, we have nothing to review. See Amica v. State, 307 Ga.App. 276, 282 (2) (704 S.E.2d 831) (2010).

The only order in the record is an order for paternity and child support entered on March 12, 2016. Because that order involves child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga.App. 265, 266 (1) (733 S.E.2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga.App. 426 (731 S.E.2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal.1 See Booker, supra. Farmer's failure to follow the appropriate appellate procedure deprives us of jurisdiction to consider an appeal from that order. Id.

For these reasons, Farmer's appeal is hereby DISMISSED.

FootNotes


1. On October 24, 2016, Farmer filed an untimely application for discretionary review of the trial court's March 12, 2016 order, which this Court dismissed. See Case No. A17D0146 (decided November 10, 2016).
Source:  Leagle

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