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Kurtis Brunov.Darla Light

CourtCourt of Appeals of Georgia
Docket No.A17A1967
DecidedFebruary 28, 2018
JudgesCourt of Appeals of Georgia
Tags
CivilCivil ProcedureDue ProcessStatutory InterpretationReversalRemandAppellate Procedure
Case Summary

Darla Light obtained stalking protective orders against her residential neighbor, Kurtis Bruno, after alleging that he yelled threats, blocked her driveway, and shone a light into her home. Bruno challenged the denial of his motion to set aside both the original order and a later extension. The Georgia Court of Appeals held that the superior court had authority to issue temporary relief ex parte, but that the later three-year order required the court to follow the governing statutory procedure and make the required findings. The court also held that Bruno had an opportunity to be heard before the three-year order was entered, so the temporary extension did not cause reversible prejudice. Because the record required different treatment of the two orders, the court affirmed in part, reversed in part, and remanded with direction. The decision preserved the protective-order framework while requiring the superior court to correct the procedural defect identified in the original ruling.

Opinion

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