Background
Prison inmate Kendall Lacy filed a civil action against two prison officials. The trial court granted summary judgment to the officials on all claims and dismissed Lacy’s action.
Lacy filed a direct appeal from that order. Because she was incarcerated, the Court of Appeals held that the appeal was governed by Georgia’s Prison Litigation Reform Act of 1996.
The Court’s Holding
The Court of Appeals dismissed the direct appeal for lack of jurisdiction. OCGA § 42-12-8 provides that an appeal in a civil action filed by a prisoner must proceed under OCGA § 5-6-35, which requires an application for discretionary appeal.
Because Lacy did not have a right to a direct appeal from the trial court’s order, the court could not consider the appeal. The court cited Jones v. Townsend for that jurisdictional rule.
Key Takeaways
- Georgia prisoners appealing civil actions must use the discretionary-appeal procedure.
- A direct appeal in such a case does not invoke the Court of Appeals’ jurisdiction.
- The dismissal was jurisdictional and did not address the merits of Lacy’s claims.
Why It Matters
The order underscores that the method of seeking appellate review is dispositive in prisoner civil litigation. Even after an adverse summary-judgment ruling, an inmate must file a timely application for discretionary appeal rather than a notice of direct appeal.