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  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
  • JAMES MELANIE v JAMES KEVIN document preview
						
                                

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Fi In Office Dec-07-2018 16854207 EDS 2OL Bad yaSs62—Cc¥ age STATE OF GEORGIA Clerk of Superior Court Co Nb Kevin W. James * CIVIL ACTION FILE NO.: MOVANT, * * CAEN 15 - 1 — 6963-2? VS. * * & Melanie K. James, * = * * JUDGE(S) HAVE BEEN AUTOMATICALLY DISQUALIFIED BY LAW and the DEMAND for Immediate Return of Our Son to the Father IMMEDIATELY! Comes now KEVIN W. JAMES Publicly States; that both Judge(s) S. Lark Ingram & G. Grant Brantley have been automatically Disqualified by Law in the above styled matter, and files this Motion for their Contempt and Fraud upon the Court(s) and shows as follows: The Supreme court has held that if a Judge Wars against the Constitution, or if the Judge(s) are Not abiding by the State or Federal Constitution; and conducts Acts without Jurisdiction; then he /She has engaged in Treason of the Constitution. This case is so Corrupt, that it has evolved into a “Paper Case” as Due to All past Falsified Rulings & Decrees authored by the Treasonist Judge(s) my Special Needs son and I have endured, over (7) seven years, you can simply explore the archives. Page 1 of 12IDS 2OLS—o17osé2-cy Pose 2 ° RICO is so prevalent, that it starts from the Beginning; by the placing of the ever so Corrupt Cobb County / City of Marietta Prosecutor Larry W. Yarbrough P.C. as their Court Appointed Guardian ad Litem (GAL) over an Autistic boy, whose Mother is a “Personal Injury Case Manager” at a local doctor’s office; where she can distribute “WORK” to ALL the members of this Judiciary Enterprise of RICO. Previous Motions were filed to “Recuse” Judge 8. Lark Ingram; But she Refuses to Judge S. Lark Ingram then later files an “ORDER” closing CAFN 1 1-1-10228-34 on or about August 26" 2016. That CAFN 11-1-10228 -34 is CLOSED from that point forward. While Still refusing to “Recuse” in the matter then, and now later. . . Judge G. Grant Brantley authors a “Emergency Hearing” for CAFN 15-1-6963-?? For a Rule of Nisi to be held on September 29" 2016 for that Emergency Hearing under the Disguise of the Previous appeal to Recuse the Previous Judge L. Ingram As ALL of this was a Ruse, to protect their member of their Enterprise of RICO! Page 2 of 12IDS 2013-01 70262-cvV Pose On September 26" 2016 I had filed with the Supreme Court of Georgia seeking relief from the Lower Court to have this ever so Corrupt Cobb County Superior Court Judge S. Lark Ingram to be Recused from this CAFN, since she refuses to. The Rule of Nisi authored by Judge G. Grant Brantley for September 29" 2016 for an “Emergency Hearing” that he NEVER HEARD ANY MOTIONS FILED in the Rule of Nisi he signed and authored. That Directly suggests that he Grant Brantley is then engaging in criminal Acts of Treason, as he directly violates his own signed and sworn on a Bible “Mandatory Judicial Notice” to abide by the State of Georgia Constitution signed by Button Gwinnett, as well as the U.S. Constitution. Then to continue the Cover Up of their CRIMES Committed against a Autistic boy ‘and his Father; The Court Reporter Rene’ Weatherford, for the September 29° 2016 “Emergency Hearing” who was paid for the Take down, and the production of the Court Transcripts, never even produces any Documents for nearly two years! after numerous, upon numerous phone calls for production of documents and me physically contacting her; Rene’ Weatherford, demanding her for the production of Page 3 of 12IDS 2012-01 702é2-Cyv Pase 4 documents as she accepted more money for the completion of “HER” project. But Never producing Court Transcripts in a timely manner; which Thus preventing the Appeal process in a timely manner. These are Criminals, with Criminal intent, and members of their own Enterprise of RICO and Do Not recognize or Support our Georgia State Constitution or the U.S. Constitution, that Governs them to behave, and Act accordingly. Totally Disregarding the Decades, centuries of Case Law that have been established, they directly Disrespect as they conduct their RICO activity. Cooper Vs. Aaron, 358 U.S. 1. 78 S. Ct. 1401 (1958) “Any Judge who does Not comply with his / her Oath to the Constitution of the United States Wars against that Constitution and engages in Acts in Violation of the Supreme Law of the Land. The Judge is engaged in Acts of Treason. Having taken at least Two; if Not three, Oaths of Office to Support the Constitution of the United States, and the Constitution of their own State, any Judge who has acted in violation of the constitution (State or Federal) is engaged in an Act, or ACTS of TREASON!” “If a judge does Not fully comply with the constitution; Then his / Her Orders are VOID, in re Sawyer, 124 U.S. 200 (1888) he/she is without Jurisdiction.” The Judge is engaged in an Act or Acts of Treason U.S. Vs. Will, 449 U.S. 200, 216, 101 S. Ct. 471, 66 L. Ed. 2d 392, 406 (1980) Cohen Vs. Virginia, 19 U.S. Page 4 of 12IDS 2018-01 70362-Cv Page 5 (6 Wheat) 264, 404, 5 L. Ed. 257 (1821) What is the penalty for Treason? Any Judge or Attorney (ie G. Grant Brantley or Attorney Lizz Kuhn) who does NOT Report the above Judge(s) (ie Lark Ingram report G. Grant Brantley visa versa) for their Treason as Required by Law may themselves be Guilty of Misprision of Treason, 18 U.S.C. Section 2382 “Whenever any officer of the Court commits Fraud (ie Larry W. Yarbrough P.C.) during a proceeding in the court, he / She is engaged (themselves) in “Fraud upon the court”. Bulloch V. United States, 763 F. 2d 1115, 1121 (10 Cir. 1985) the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself it is where the court or a member is corrupted (ie atty Larry Yarborough 29769, atty Chuck Chesbro 26838, atty Michael McLaughlin 29058, atty Jim Altman 12278, Atty Anna D. Schneider 69655, Atty Rebecca McLaws 74290, Lisa Young West, Stephen Humphreys and Mary Catherine Fudger too. (Antonio B. Mari 81396 was the only one, who stated to me; the Court was to corrupt, & had to withdraw) Or influenced is attempted or where the judge has Not performed His / her Judicial Function ~ thus where the impartial functions of the court have been directly corrupted.” (ie September 26" 2014 for Judge S. Lark Ingram NOT Impeaching her own Court appointed GAL, Larry W. Yarborough P.C. for his own Direct Fraud conducted in Court) As “Fraud upon the Court” makes VOID the Orders and Judgment of that Court. Page 5 of 12IDS 2018—-0170s62-cv Page 6 os It is also Clear and Well Settled Georgia Law that any Attempt to commit “Fraud upon the Court” vitiates the entire proceeding. A Judge is Not a Court! People Vs. Zajic, 88 Il App. 3d. 477, 410 N.E. 2d 626 (1980) The U.S. Supreme Court has stated that “No State Legislator or Executive or Judicial officer can War against the Constitution without Violating his / her undertaking to support it.” Thomas Stasel Vs. The Federal Law, when any officer of the Court fie Judgé(s) and the Court Appointed Guardian Ad Litem Larry W. Yarborough P.C.} has committed “Fraud upon the Court” The Order(s) and Judgment(s) of that Court are VOID; as in “NULL & VOID” of No Legal Force or Effect to enforce. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the Judge Must be Disqualified. {Emphasis added} Liteky Vs. U.S. , 114 S. Ct. 1147, 1162 (1994). That Court also stated that section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor Vs O’Grady, 888 F, 2d. 1189 (7 Cir. 1989). In Pfizer Inc. Vs. Lord, 456 F. 2d. 532 (8" Cir. 1972), the Court Stated that “it is important that the litigant not only actually receive justice, but that he believes that he has received justice.” Case in Point, the Litany of past Motions UN-Heard, NO JUSTICE! Page 6 of 12IDs 2018-01 70S62-cv Fase 7 Recusal under section 455 is self executing; a party need not file affidavits in support of Recusal and the judge is obligated to Recuse herself Sua Sponte under the stated circumstances,” But S. Lark Ingram is constantly oblivious! AGAIN; Taylor Vs. O’Grady, 888 F. 2d 1189 (7" Cir. 1989) “None of the Orders issued by any Judge who has been Disqualified by Law would appear to be Valid. It would appear that they are Void as a Matter of Law, and are of No Legal Force or Effect. Should a Judge Not disqualify him/her self, the Judge is in violation of the Due Process Clause of the U.S. Constitution. =S. Lark Ingram United States Vs. Sciuto, 521 F. 2d. 842, 845 (7" Cir (1996) “The Right to a tribunal free from Bias or prejudice is based, not on section 144, but on the Due Process Clause” Should a Judge(s) issue any order after he / she has been Disqualified by Law, and if the party has been denied of any of his / her property, then the judge(s) may have engaged in the Federal Crime of “Interference with Interstate Commerce”. The Judge(s) has acted in the Judge’s personal capacity and Not in the Judge’s Judicial Capacity. It has been said, that this Judge(s); acting In this manner, has No More Lawful Authority than someone’s next-door neighbor (provided that they are not a judge). However, since Not all judge(s) keep up to date in the Law, and since Not All judges follow the law. It is possible that a judge may not know the rulings of the U.S. Supreme court and the other Courts, Circuit courts etc on this Subject. Notice that it States “Disqualification is Required” and Page 7 of 12IDS 2018-01 70z62-cv Pose & That a Judge “must be Disqualified” under certain circumstances, so the Official Notice: JUDGE YOU HAVE BEEN AUTOMATICALLY DISQULAFIED BY LAW! Through your own Incompetence & Negligence and through your very own corrupt business practices; Directly Violating your own “Mandatory Judicial Notice” as you conduct Treason by Warring against the Georgia Constitution and the U.S. Constitution, and denying your own Recusal; in the past, including but not limited to, the Supreme Court of Georgia 9-0 Total agreement for you to Recuse! Exhibit A “Mandatory Judicial Notice” Exhibit B: Georgia Supreme Court ruling The Supreme Court has also held that if a Judge wars against the Constitution, or if he / she Acts without Jurisdiction, they has engaged in Treason to the Constitution. Ifa Judge acts after he / she has been automatically disqualified by Law, then he / she is acting without Jurisdiction and that Suggest that he / she is then engaging in Criminal Activity & Acts of Treason and may be engaged in Extortion (GAL) and the interference with Interstate Commerce; Through Collusion and Extortion, denying me direct access to our son, while he is a adolescent, and experiencing his youth together as a Father & Son would have a healthy and normal relationship. Courts have repeatedly ruled that Judge(s) have NO IMMUNITY for their Criminal acts. Since both Treason and the interference with Interstate Commerce are criminal acts, no Judge has immunity from their engagement in such acts. Page 8 of 12IDs 2018-01 70362-Cv Pose Furthermore; The Judge(s) and members of the court; Attorney(s) GAL(s) CPS, Psychologist ete are in Contract with the Federal Government to Receive Title IV (d) & (e) Emoluments monies $. Since they are contractually bound, they are Not conducting themselves in a Judicial position while in Court, But in a “Ministerial” position at that time, for the Agency they represent. As they are acting as a “clerk” for the agency they are in Contract with. They have direct Bias for the outcome of the case due to the Financial incentives they receive through Title IV (d) & (e) emolument $ monies $ they receive for the very conflict they Author. This is RICO plain and simple. Furthermore, they do Not enjoy any immunities for their own Egregious actions as they conduct War on the Georgia State Constitution and the U.S. Constitution too. This is Direct Criminal behavior, that goes “Un-Checked”. As Not ONE MOTION Filed in CAFN 15 -1- 6963-?? Has Ever been Heard! As they Usurp both my “Special Needs” son and my very Basic U.S. Civil Rights! Furthermore The Mother is a Fugitive of the Court! UN-EXPLAINED! And the Child has Not been in School since October 2017 UN-EXPLAINED! These are Direct Violation(s) conducted by the Judiciary as these very Actions have proven their TREASON of the State and U.S. Constitution. JUDGE YOU HAVE BEEN AUTOMATICALLY DISQULIFIED BY LAW! Then compound that with the WEAPON (the Judge) and the TOOL (Atty Lizz Kuhn) as collectively together directly Violating O.C.G.A. 16-10-20.1 FELONY “Filing False Documents...” Page 9 of 12IDs 2OLS—0170s62—-Ccy Page 10 As ALL of My Motions Filed for the PAST THREE YEARS have ALL Gone UN- HEARD! And then the WEAPON (the Judge) allowed / enabled her TOOL (Atty Lizz Kuhn) to even file that fraudulent Stalking Motion??!! With ZERO PROOF! As collectively they Tried to KAVANAUGH me; The Father! While running for Public Office State Rep District 43; Being Falsely accused of Stalking! When I do Not even KNOW WHERE SHE LIVES! As Stated in Court, it took a Private Investigator to locate my ex-wife whereabouts in the North Ga. Mountains! She is Not my Concern, only our Son is my Concern! As she is in Direct violation of CUSTODY, SCHOOL TRUANCY , and is a fugitive of the Court! While also has Denied our Son to speak with Me; The Father, or his family members, or his Cousins, Aunts, Uncles, Grandmother etc or his personal friends! For over 2 years now! Evidently to hide the Fact she was moving! And him Not attending school! These Two Judge(s) S. Lark Ingram and G. Grant Brantley have ACTED without Jurisdiction! And are Liable for Legal Injury to the “Special Needs’ Child and the Father! As a Child is only Young once! Experiencing those activities that a Father Teaches his son, swimming, riding a bicycle, camping, hiking, driving his car etc. As a Father & Son will Not be able to regain those valuable years, these Criminal people masquerading and wearing a black robe acted with Criminal Intent! By Not abiding by the Georgia State and U.S. Federal Constitution! And to deny the Father his most valuable time with his Son, in their Greed for Title (d) & (e) $ monies $! Page 10 of 12Ipe 2nis— ae see cv Pose 1 The Family Courts are suppose to acknowledge several Supreme court Decisions. 1.) That Both Parents have equal Rights to see their Children 2.) That Parents (plural) have a U.S. Constitutional right to raise their children. As proven these Judge(s) are Corrupt! And have engaged in Fraud upon the Court so their Actions and past Rulings are NULL & VOID and carry No Merit, which STOPS ALL CHILD SUPPORT PAYMENTS; with No Legal Force or Effect. My Demands are Simple: Return my Son to me Immediately! And “Restitution” for the time lost with my Son, and Financial Restitution for their Criminal actions perpetrated against the Father and the Child by the members of this judiciary! Who have acted With Reckless abandon, and they need to be held accountable for their Boregious Actions! against a un-suspecting “Special Needs” child in their care, and their Malicious Intent Perpetrated against the Father; Kevin W. James to exploit and Extort more money from Him; and the child, as they are “Clerks” for the “Agency” they are in Contract with, & with direct bias intent of Harming the child. This Court and Opposing council Have (10) Ten Days to comply; without further Conte pt Charges! Rae hase William James to the Father! Post Haste! ki, ima — owe Dae, 9040 Kevin W. James 3033 Greenfield drive Marietta, Ga. 30068 Page 11 of 12IDS 2028-01 70362-Cy Pose 12 Court of Appeals of the State of Georgia ATLANTA, November 14, 2016 ——— eee SE The Court of Appeals hereby passes the following order: AL7D0159. KEVIN JAMES v. MELANIE JAMES. Kevin James filed this application for discretionary appeal from an order pais) on OSE igniprocecding st Ga. App. 829, 830 (747 SE2d 21) (2013). In order to appeal such an order, an applicant must comply with the interlocutory appeal procedure and obtain a certificate of immediate review. OCGA § 5-6-34 (b). Although Kevin James filed a discretionary application, “{t}he discretionary appeal statute does not excuse a party seeking appellate review ofan interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).” Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996). Kevin James’s failure to follow the proper appellate procedure deprives us of jurisdiction to consider this application.” See Warringer v. Warringer, 204 Ga. App. 86, 86 (418 SE2d 446) (1992). Accordingly, his application is hereby DISMISSED. ' Kevin James originally filed his application in the Georgia Supreme Court, which transferred the matter to this Court. See Case No. 817D0316 (decided October 12, 2016). * Orders denying motions to recuse miay be reviewed after the entry of final judgment, as part of the appeal from final judgment. See OCGA § 5-6-34 (d); Murphy, supra at 830-832. Here, Kevin James’s application was predicated on the trial court’s order denying his recusal motion, and it appears the case remained pending when he filed his application. See Warringer, supra at 86. Page 12 of 12IDS 2018-01 70S62-cCy Fase 13 Clerk of the Cobb County Court . Hi-Def Media Rebecca Keeton bttp://hi-defsigns.com 70 Haynes Street Kevin James — CEO & Founder Marietta, Georgia 30090 1205 Johnson Ferry Rd Ph: (770) 528-1374 Marietta, GA 30068-5418 (770) 973 - 8200 kevin@hi-defsigns.com August 20, 2018 Dear Rebecca Keeton, This is a Request under the Freedom of Information Act 5 U.S.C. 552 et seq., and regulations there under. I am requiring certified copies of the documents requested. 1.) That I am requesting a Certified Copy of the Solemn Oath of Office of The “Mandatory Judicial Notice” for S.:Lark Ingram, G. Grant Brantley and a Larry W. Yarbrough as require by 5 U.S.C. 3331 and by Article VI, Clause” . _ 3, of the Constitution of the United States of America as lawfully amended, ‘and certified copy of their E.L.N. Numbers # too as so registered here. ia the 2 Clerk office. of The.Superior Court of Cobb.Cou f 4.) A Certified Copy of His / Her License to Practice Law i in the State of Georgia 5.) Furthermore a Certified Copy of Attorney Lizz Kuhn License to Practice Law in the State of Georgia, and a Certified copy of her Legal Malpractice Insurance Co. Name, Address, and Telephone number(s) #. I will pay all costs for locating, duplicating Me the Certified copies of the records. Sin oe i Chane “Exner eyTD? 2018-01 70s62-cyv Pase 14 . ® State of Georgia STATE OF GEORGIA perce CODD JUDICIAL CIRCUIT Ty eee _-___...S:LarkIngram enn ee , acitizen of = ane Cobb County and being an employee of none Sh: he. AL Ge av. NO _. and the recipient of public funds for services -_e., tendered as such employee, do hereby solemnly. nd affirm that I will support the Constitution-of the United Statesand _ the Constitution of Georgia. 1 do further swear that I will administer justice without respect to person, and do equal rights to the poor and the rich, and that I will faithfully and impartially discharge and perform all of the duties incumbent on me as a JUDGE OF THE SUPERIOR COURTS of this State, according to the best of my ability and understanding, and agreeably to the Laws and Constitution of this State and the Constitution of the United States. Ido further solemnly swear and affirm that I am not the holder of any unaccounted for public money due this State, or any political subdivision or authority thereof; that I am not the holder of any office of trust under the government of the United States, nor of either of the several states, nor of any foreign state; and that I am otherwise qualified to hold said office, y according to the Constitution and Laws of Georgia; and that I will support the Constitutions of the United States and of this State and that I have been a resident of this circuit for the time required by the Constitution and Laws of this State. SO HELP ME GOD! (0.C.G.A. 15-6-6) (0.C.G.A. 45-3-1) (O.C.G.A. 45-3-12) DIRECTIONS The oath, when taken, must be filed as provided in the Official Code of Georgia Annotated, 45-3-4. The loyalty oath required by 0.C.G.A, 45-3-11 through 45-3-15 shall apply to all elected officers of this state, including the Governor, constitutional officers, elected officials of any political subdivision of the government of Georgia, and school board pffiga: cea S212) FILED In OFFICE 10/2013 * DEC 19 208 PROBATE COURT . COBB COUNTY.State of Geor a 01-01 TOSS62—CV By His Excellency NATHAN DEAL Governor of said State To the Honorable JUDGE OF THE PROBATE COURT OF COBB COUNTY WHEREAS, J have this day commissioned S. LARK INGRAM JUDGE OF SUPERIOR COURT, COBB Term: 1G, 2 DE 2020 AND WHEREAS, the said person cannot attend at the Executive Department to qualify for his/her said office, without great inconvenience, I have selected you to administer to him/her the oath of office herewith send, and upon his/her taking and subscribing the same, and giving any bond as required by law, you will certify your proceedirigs to” me, that the same may become a record. Given under my hand and the seal of the Executive Department, at the Capitol, in the City of Atlanta, the 1STH day of DECEMBER in the year of our Lord Two Thousand and SIXTEEN, Y\athan Dear -, By the Governor, Governor CE Te Executive Secretary STATE OF GEORGIA, COBB COUNTY I, the undersigned, do hereby certify to the Governor, that in obedience to the foregoing DEDIMUS POTESTATEM, S. LARK INGRAM has come before me and taken and subscribed the Official Oath, which was sent from the Executive Department for him/her, dated this date, and I have delivered his/her commission. (ata Given under my hand and official signature, this ber Uy ee 6 —Laeten ASE He (xe DIRECTIONS This Dedimus and certificate, when executed, should be retumed to the Secretary of State. The Oath for officers whose general duties are not confined to any one county, unless otherwise provided, should be returned with this dedimus; others should be filed as provided in Official Code of Georgia Annotated 45-3-4, FILED iN OFFIC The Bond, for Judge of Probate Court only, should be approved by the Judge of Sup Court and returned with this dedimus, as provided in Official Code of Geprsia Annotated 15-9-8, DEC 19 2016 PROBATE COURT i ORR COL INTVIbs 2OL BoE roses cy State of Georgia ™ LOYALTY OATH STATE OF GEORGIA COUNTY OF COBB L . S. LARK INGRAM. (name) - acitizenof . .. we ne _ +» COBB-COUNTY so _ oo : - and being an employee of Anke. ot a 20 NIG. and the recipient of public funds for services rendered as such employee, do hereby sofemnly swear and affirm that I will support the Constitution of the United States and the Constitution of Georgia. SO HELP ME GOD! Swom to and subscribed before me, this the Signature (0.C.G.A. 45-3-11) (O.C.G.A. 45-3-12) (O,C.G.A. 45-3-13) DIRECTIONS ‘This oath, when taken, must be attached to the oath of office and filed therewith as required by law. The loyalty oath required by Code Sections 45-3-11 through 45-3-15 shall apply to all elected officers of this state, including the Governor, constitutional officers, elected officials of any political subdivision of the government of Georgia, and local school board officials (O.C.G.A. 45-3-12). ; FILED IN OFFICE xX | [ Bl DEC 19 2016 , . PROBATE COURT / . COBB COUNTYID? 2O0LS—-01705h62-cyV Pase 1 i PROB, IN THE PROBATE COURT OF COBB COUNTYCOR8 COURT 0 OF STATE OF GEORGIA By the authority of 0.C.G.A. § 15-9-13(a) Judge S. Lark Ingram is hereby empowered to exercise the jurisdiction of the Probate Court of Cobb County in my _ absence during the period from January.2, 2018 through December 34 , 2018, . SO ORDERED this ae day ofa 2018. Ye Colpo No. 488709 GOBB COUNTY PROBATE GO =, °° FROM. waee’d Cert, cogi¢s ~ ~ DOLLARS Ba Ce re fmue Copies ACCT. Qeasy | HECK FROM TO____—_—_ lean) (woney caper { A1152. t ‘T4161 DUE ‘ (CQcreprrcarc_ BBY.IDS 2OLS-ai 7ose2—cv . Pase 19 é IN THE PROBATE COURT OF COBB COUNTY STATE OF GEORGIA The undersigned having been designated by the Probate Judge of Cobb County to preside as requested in the Probate Court of Cobb County beginning February 3, 2016 and ending December 31, 2016 and the undersigned further being desirous of, ‘complying with said designation; NOW THEREFORE, the undersigned accepts the said Designation and orders that the Designation and this Acceptance be filed and recorded in the minutes of the Probate Court of Cobb \ . County. ¢ This {2 dayof Feber, »6 . * FILED IN OFFICE SRAUEY MAR 2 2016 SBIORDSE SnEOreERGR PROBATE CouRT FESR gan oR COBB COUNTY . No. 688703 | : MEO 7,2 3 Cert. (apigS DOLLARS Beant Core. He Copies oe 7 Bz bew w / Cocorewo | a DUE ‘ Cecreoreanp py EXHIBITIOS 2OLSs—-oL7oss2—cy Pase 19 SUPREME COURT OF GEORGIA Case No. $17D0316 Atlanta, October 12, 2016 The Honorable Supreme Court met pursuant to adjournment. The following order was passed: KEVIN JAMES v. MELANIE JAMES From the Superior Court of Cobb ‘County. Applicant filed this application for discretionary appeal seeking review of the trial court’s August 26, 2016 order denying his motion to recuse ‘the judge from the post-divorce contempt and modification proceedings that apparently remain pending between these parties. Applicant states that this Court has appellate jurisdiction pursuant to OCGA § 5-6-35 (a) (2) (mandating discretionary applications for appealing orders entered in certain non-custody domestic relations cases); and thus, presumably seeks to invoke this Court’s subject matter jurisdiction over divorce and . alimony cases, see Ga. Const. of 1983, Art. VI, Sec. VI, Para. ITI (6). But where the only issue on appeal is the denial of'a motion to recuse, jurisdiction rests in the Court of Appeals. See Stevens v. Myers, 190 Ga. App. 61, 61 (1) (378 SE2d_ 334) (1989); Price v. Reish, 335 Ga. App. 491 (780 SE2d 745) (2015) (resolving appeal from order on recusal entered in a post-divorce action seeking modification of child custody, visitation and support). Therefore, this application hereby is transferred to the Court of * Appeeis. "All the Justices concur. ee oo SUPREME COURT OF THE STATE OF GEORGIA Clerk's. Office, Atlanta I certify that the above is a true extract from the Minutes of the Supreme Court of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above wrilten. de C. Jblow | Chief Deputy Clerk EXHI@IT