Kimberly Johnson v. Harvey Jerome Bellamy

Court of Appeals
of the State of Georgia

                                          ATLANTA,____________________
                                                   December 29, 2023

The Court of Appeals hereby passes the following order:

A24D0176. KIMBERLY JOHNSON v. HARVEY JEROME BELLAMY.

       Kimberly Johnson and Harvey Bellamy are the biological parents of two minor
children. In 2019 the trial court entered a parenting plan; in October 2023, Bellamy
filed a motion for an emergency hearing, seeking physical custody of both children.
On November 9, 2023, the trial court modified its 2019 plan and entered a new
parenting plan, awarding both parents legal custody of the children, but awarding
Bellamy primary physical custody. From this order, Johnson, proceeding pro se, filed
this timely application for a discretionary appeal.
       Ordinarily, appeals of orders in domestic relations cases must be initiated by
filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). However,
under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases
awarding, refusing to change, or modifying child custody” are directly appealable.
Here, Bellamy filed a motion to modify the parties' custody arrangements and now
Johnson challenges the trial court's order revising the parties' parenting plan and
custody determination, so this case is subject to direct appeal. See Voyles v. Voyles,

 (

) (2017) (explaining that appellate courts examine
the issue raised on appeal to determine whether a party is entitled to a direct appeal).
       This Court will grant an otherwise timely discretionary application if the lower
court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly,
Johnson’s application is GRANTED. Johnson shall have ten days from the date of
this order to file a notice of appeal with the trial court, if she has not already done so.
See OCGA § 5-6-35 (g). 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
                                           Clerk’s Office, Atlanta,____________________
                                                                      12/29/2023
                                               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.