Opinion
A22A0178
09-09-2021
STEVEN LEE CARGLE v. JESSICA NICHOLE HARVILL.
The Court of Appeals hereby passes the following order:
The parties were divorced pursuant to a final judgment and decree of divorce. The husband, Steven Lee Cargle, then filed this direct appeal. We lack jurisdiction.
Cargle previously filed an application for discretionary review of the divorce decree, but this Court dismissed the application as untimely. Case No. A21D0088 (Nov. 2, 2020).
"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). "[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991). The husband's failure to follow the discretionary appeals procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.