Opinion
A24A0320
09-27-2023
ANTHONY R. WRIGHT v. DENISE FITZGERALD WRIGHT.
The Court of Appeals hereby passes the following order:
On June 26, 2023, the trial court entered an order enforcing a settlement agreement in the divorce action between Anthony R. Wright and Denise Fitzgerald Wright and ordering the husband's counsel to pay attorney fees, pursuant to OCGA § 9-15-14. Anthony Wright filed a notice of appeal on July 27, 2023, and Denise Wright filed a motion to dismiss this appeal. We lack jurisdiction for two reasons.
First, a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Redford v. State, 357 Ga.App. 247, 250 (850 S.E.2d 447) (2020). Wright's notice of appeal is untimely, as it was filed 31 days after entry of the order on appeal.
Second, appeals from "judgments or orders in divorce, alimony, and other domestic relations cases" must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists v. State of Georgia, 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (punctuation omitted). Thus, Wright's failure to follow the discretionary appeals procedure also deprives us of jurisdiction over this direct appeal.
Given our lack of jurisdiction, the motion to dismiss the appeal is hereby GRANTED, and this appeal is hereby DISMISSED.