Of the domestic relations appellate cases decided during this survey period, twenty-three are discussed below. Georgia law requires that appeals of domestic relations cases occur through the discretionary application process. A party wanting to appeal an order in a domestic relations case must first file an application to obtain the permission of the appropriate appellate court to file an appeal. As part of a pilot project, the Georgia Supreme Court began accepting all "non-frivolous" applications filed in domestic relations cases during the 2003 calendar year. The supreme court extended the pilot project for the 2004 calendar year; however, the supreme court limited the pilot project to applications filed from divorce cases. The pilot project does not include cases that would be appealed to the court of appeals first, writs of certiorari, or interlocutory appeals. The domestic relations bar remains hopeful that the pilot project will be extended again for the 2005 calendar year or made permanent; however, no decision has been announced as of yet. The pilot project has enabled courts to address a variety of domestic relations issues that will benefit the domestic relations bar and future litigants.
McGough, Barry B. and Miller, Gregory R.
Mercer Law Review: Vol. 56:
1, Article 9.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol56/iss1/9