Anna Sinclair-Jamison v. Demetrise Pinkerton, A22A0202

Parents Anna Sinclair-Jamison (custodial parent) and Demetrise Pinkerton (noncustodial parent) share a minor child, J. S.-P.
Trial court previously awarded custody to Sinclair-Jamison and granted visitation to Pinkerton.
Pinkerton filed a petition seeking to hold Sinclair-Jamison in contempt for allegedly interfering with his visitation; the trial court initially denied the contempt petition.
Pinkerton moved to set aside/reconsider/clarify that denial; the trial court granted the motion, vacated its prior order, and scheduled a further hearing.
Sinclair-Jamison filed a direct appeal to the Court of Appeals, asserting jurisdiction under OCGA § 5-6-34(a)(11) (direct appeals in child custody/contempt matters).
The Court of Appeals concluded the order on appeal was not a custody order nor a final contempt determination and therefore dismissed the direct appeal for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Appeals has jurisdiction under OCGA § 5-6-34(a)(11) to hear a direct appeal from the trial court's order vacating its prior denial of contempt and scheduling further proceedings	Sinclair-Jamison: the order falls within § 5-6-34(a)(11) (child custody/contempt) allowing direct appeal	Pinkerton: the order is interlocutory and not a custody order or final contempt determination, so direct appeal is not permitted; interlocutory application required	The order does not award/modify/refuse to change custody nor hold/decline to hold in contempt; direct appeal dismissed for lack of jurisdiction because Sinclair-Jamison failed to file an interlocutory application

Moore v. Moore-McKinney, 297 Ga. App. 703 (2009) (visitation is part of custody)
Lacy v. Lacy, 320 Ga. App. 739 (2013) (interlocutory custody orders may be appealed directly)
Bailey v. Bailey, 266 Ga. 832 (1996) (failure to follow interlocutory appeal procedures deprives appellate court of jurisdiction)
Scruggs v. Ga. Dept. of Human Resources, 261 Ga. 587 (1991) (jurisdictional requirements for appeals in domestic relations cases)