Tracy Evans v. Bryon Evans

Summary

The Georgia Court of Appeals dismissed Tracy Evans’s discretionary application seeking review of a contempt order in a domestic relations action. The court held that Evans failed to include the required filed copy of the contempt order and, to the extent she sought review of a nonfinal rule nisi order, failed to follow the interlocutory appeal procedures.

Holdings

1. A discretionary application must include a stamped filed copy of the trial court's order or judgment from which review is sought; without that copy, the Court of Appeals cannot determine whether the application was timely or whether discretionary review is warranted.
2. A nonfinal rule nisi order in a case remaining pending below must be pursued through the interlocutory appeal procedures, including obtaining a certificate of immediate review from the trial court; discretionary appeal procedures alone are insufficient.

Questions Presented

1. Whether the Court of Appeals could review the June 8 contempt order through Evans's discretionary application when the application did not include a filed copy of that order.
2. Whether Evans could obtain discretionary appellate review of the rule nisi order included with her application when the order was nonfinal and she had not followed the interlocutory appeal procedures.
3. Whether the discretionary application should be dismissed.

Disposition

dismissed