Mitchell v. Purser
Georgia Court of Appeals
Mitchell v. Purser, 342 S.E.2d 753 (1986)
178 Ga. App. 267; 1986 Ga. App. LEXIS 1650
Carley, McMurray, Pope
Mitchell v. Purser
Opinion
From a judgment granting appellees visitation rights to their grandchild, appellants filed a direct appeal to the Supreme Court. *268 The Supreme Court transferred the case to this court. Pursuant to OCGA § 5-6-35 (a) (2), “[ajppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases . . .” must be sought by application. (Emphasis supplied.) “ ‘ “Visitation privileges are, of course, part of custody. [Cits.]’”” Tuttle v. Stauffer, 177 Ga. App. 112 (338 SE2d 544) (1985). Therefore, “the instant appeal is subject to OCGA § 5-6-35 and must be dismissed for failure to comply with the procedure established by that statute.” Dudai v. Spisak, 170 Ga. App. 744 (318 SE2d 501) (1984).
Appeal dismissed.
Reference
- Full Case Name
- MITCHELL Et Al. v. PURSER Et Al.
- Cited By
- 1 case
- Status
- Published