Opinion
A24A0002
07-27-2023
ICKY BYRD, SR. v. SHARON L. BYRD.
The Court of Appeals hereby passes the following order:
Ricky Byrd, Sr., and Sharon L. Byrd divorced in June 2022. In February 2023, Ricky filed a motion for contempt, alleging that Sharon had failed to comply with certain provisions of the divorce decree regarding Ricky's personal property. On April 14, 2023, in two separate orders, the trial court dismissed Ricky's motion for contempt and awarded Sharon attorney fees pursuant to OCGA § 9-15-14. Ricky thereafter filed this direct appeal. We lack jurisdiction.
Appeals from "judgments or orders in divorce, alimony, and other domestic relations cases" including orders "holding or declining to hold persons in contempt" must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 S.E.2d 319) (1984) (a contempt petition from a divorce decree is a domestic relations case that requires compliance with the discretionary appeal statute). Appeals of attorney fees awards under OCGA § 9-15-14 must also be made by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga.App. 840, 841-842 (560 S.E.2d 730) (2002).
"Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Thus, Ricky's failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.