Kim Camille Florence v. State
Kim Camille Florence v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ December 12, 2025 The Court of Appeals hereby passes the following order: A26D0204. KIM CAMILLE FLORENCE v. THE STATE.
Kim Camille Florence filed this application for discretionary review, seeking to appeal a trial court order that placed a pending criminal trespass charge against her on the dead docket. We, however, lack jurisdiction.
“Placing cases on the dead docket is a procedural tool by which the prosecution is postponed indefinitely but may be reinstated any time at the pleasure of the court.”
Seals v. State, 311 Ga. 739, 746(3)(a) (860 SE2d 419) (2021) (citation and punctuation omitted), disapproved of on other grounds by Gonzales v. State, 315 Ga. 661, 664(1)(b) n.7 (884 SE2d 339) (2023). Accordingly, placing a pending criminal charge on the dead docket “constitute[s] neither a dismissal nor a termination of the prosecution in the accused’s favor.” Phillips v. State, 279 Ga. 704, 705(1) (620 SE2d 367) (2005) (citation and punctuation omitted); see also Wilson v. State, 240 Ga. App. 681, 681 (523 SE2d 613) (1999) (holding that placing a case on the dead docket does not dismiss it). Rather, the case “is still pending.” Phillips, 279 Ga. at 705(1) (citation and punctuation omitted).
Because this case remains pending below, Florence was required to comply with the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to obtain appellate review at this juncture. See OCGA § 5-6-34(b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Although Florence filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that 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 v. Bailey, 266 Ga. 832, 832–33 (471 SE2d 213) (1996).
Florence’s failure to comply with the interlocutory appeal procedures deprives us of jurisdiction over this discretionary application, which is hereby DISMISSED.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/12/2025 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.