Murphy v. Murphy

Nancy Murphy and John Murphy divorced in 2006. In 2012, Mr. Murphy filed an action to modify the child custody provisions contained in the parties’ divorce decree. After the case was assigned to Judge Baldwin, Ms. Murphy moved to disqualify Judge Baldwin. Judge Baldwin denied the motion and Ms. Murphy filed a notice of appeal. The Court of Appeals dismissed Ms. Murphy’s appeal for lack of jurisdiction. It held that a legislative amendment to OCGA 5-6-34 (a) (11), which became effective on May 6, 2013, applied retroactively and barred the Court from hearing Ms. Murphy’s appeal. The version of OCGA 5-6-34 (a) (11) in effect when the change of custody action was filed, when the order at issue was entered, and when Ms. Murphy filed her appeal provided that a direct appeal was authorized from, "[a]ll judgments or orders in child custody cases including, but not limited to, awarding or refusing to change child custody or holding or declining to hold persons in contempt of such child custody judgment or orders." However, the 2013 legislative amendment to subsection (a) (11) provided for direct appeals only from, [a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders." Although the Supreme Court found the analysis of the Court of Appeals as "flawed," the Suprmee Court nevertheless affirmed its dismissal of the appeal. View "Murphy v. Murphy" on Justia Law