Opinion
A25A0387
10-04-2024
ERIC JOHNSON v. JUANITA JOHNSON.
The Court of Appeals hereby passes the following order:
Based on the sparse appellate record, it appears that Eric Johnson ("Husband") and Juanita Johnson ("Wife") were divorced in 2023. Thereafter, the trial court entered an order granting attorney fees to Wife under OCGA § 19-6-2. Husband filed this direct appeal, but we lack jurisdiction.
Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 S.E.2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 S.E.2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application); Barnes v. Barnes, 361 Ga.App. 279, 280 (864 S.E.2d 119) (2021) (same).
"[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991). Husband's failure to follow the discretionary appeals procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.