Opinion
A22A0359
10-19-2021
MICHAEL D. CARNES v. CHANDRA PATTERSON.
The Court of Appeals hereby passes the following order:
Michael D. Carnes ("Husband") and Chandra Patterson ("Wife") were divorced in May 2019. In April 2021, the trial court issued an order finding Husband in contempt for not making certain alimony and debt payments as provided in the parties' final divorce decree. Husband then filed this direct appeal, seeking review of the contempt order. We lack jurisdiction.
Husband filed his appeal in the Supreme Court but, upon finding no basis for that Court's jurisdiction, the Supreme Court transferred the appeal to this Court. See Case No. S21A1287 (Aug. 24, 2021).
Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. OCGA § 5-6-35 (a) (2), (b). "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). Because this is a domestic relations case, Husband was required to comply with the discretionary appeal procedure to obtain review of the contempt orders. His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.