Drameeka Taylor v. Andre Johnson ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    June 23, 2021
    The Court of Appeals hereby passes the following order:
    A21D0350. DRAMEEKA TAYLOR v. ANDRE JOHNSON.
    We granted Drameeka Taylor’s application for discretionary review of an order
    requiring her to pay respondent Andre Johnson’s attorney fees under OCGA § 9-15-
    14. See Case No. A21D0205 (Feb. 26, 2021). Approximately six weeks later,
    Johnson filed a motion to dismiss Taylor’s appeal because she had not filed a notice
    of appeal in the trial court. The trial court granted the motion, finding that Taylor had
    “abandoned any intent to pursue an appeal.” Taylor now seeks discretionary review
    of the trial court’s dismissal order.
    “[W]ithin ten days after an order is issued granting [an application for a
    discretionary] appeal, the applicant, to secure a review of the issues, shall file a notice
    of appeal as provided by law.” OCGA § 5-6-35 (g). A timely notice of appeal is
    required to confer jurisdiction upon an appellate court. See Moncrief v. Tara
    Apartments, 
    162 Ga. App. 695
    , 695 (293 SE2d 352) (1982); see also OCGA § 5-6-37
    (“[A]n appeal may be taken to . . . the Court of Appeals by filing with the clerk of the
    court wherein the case was determined a notice of appeal.”).
    Although we granted Taylor’s discretionary application, thereby giving her
    permission to file a notice of appeal in the trial court, she did not file one. Thus, no
    appeal was initiated, and our jurisdiction has not been invoked. The trial court’s order
    purporting to dismiss Taylor’s appeal is of no legal effect and presents nothing for us
    to review. This application is therefore DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    06/23/2021
    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.
    

Document Info

Docket Number: A21D0350

Filed Date: 6/30/2021

Precedential Status: Precedential

Modified Date: 6/30/2021