April Martin Lowry v. Robert M. Winenger ( 2016 )


Menu:
  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    March 01, 2016
    The Court of Appeals hereby passes the following order:
    A16D0258. APRIL MARTIN LOWRY v. ROBERT M. WINENGER.
    April Martin Lowry seeks discretionary review of the trial court’s order
    granting primary physical custody of her child to the child’s father. Under OCGA §
    5-6-34 (a) (11), direct appeals are permitted from “[a]ll judgments or orders in child
    custody cases awarding, refusing to change, or modifying child custody or holding
    or declining to hold persons in contempt of such child custody judgment or orders.”
    Thus, the order that Lowry seeks to appeal is directly appealable.
    We will grant a timely discretionary application if the lower court’s order is
    subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is
    hereby GRANTED. Lowry shall have ten days from the date of this order to file a
    notice of appeal with the trial court. If, however, she has already filed a timely notice
    of appeal, she need not file a second notice. The clerk of the trial court is DIRECTED
    to include a copy of this order in the record transmitted to the Court of Appeals.
    Court of Appeals of the State of Georgia
    03/01/2016
    Clerk’s Office, Atlanta,____________________
    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: A16D0258

Filed Date: 3/11/2016

Precedential Status: Precedential

Modified Date: 3/11/2016