Sunday, November 9, 2014

What happens when you lose your divorce case?
The Georgia Supreme Court this does not include the Georgia Court of Appeals, will automatically grant all nonfrivolous applications in divorce and or alimony cases, i.e., those discretionary applications timely filed from the final judgment and decree of divorce, unless the application is found to be frivolous. The filing attorney must certify

1) the application is not taken for the purpose of delay, harassment, or embarrassment 2) that the attorney is familiar with the trial court record and based on the attorneys understanding of applicable law the attorney has a good faith belief that the appeal has merit 3) the attorney has been authorized by the client applicant to file the application. Opposing counsel has an option to address the frivolity issue within 10 days of docketing. A penalty up to $2500 can be assessed against the applicant attorney for a frivolous appeal.
Accordingly, in determining the proper procedure to follow on appeal, a direct appeal will not lie from a judgment granting divorce but appeal must be brought by application where the underlying  subject matter is divorce,

2) a direct appeal will Iie where the underlying subject matter is a separate child custody order being appealed, and 3) where the underlying subject matter is a divorce case in which child custody is an issue, an application for discretionary appeal is required,
In  an appeal were the order or judgment is not interlocutory and where the underlying subject matter upon which the appellate court's constitutional jurisdiction is based is that of divorce, there must be compliance with OCGA section 5-6-35, or the appeal will be dismissed.
 and a direct appeal will not lie. A determination of the underlying subject matter is required in determining the proper appellate procedure to follow.
Contact a lawyer from Dallas Georgia to help you with your case.

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