Opinion
A24A0318
09-27-2023
LONNIE COTHRAN v. MICHELLE PELLUM.
The Court of Appeals hereby passes the following order:
Lonnie Cothran and Michelle Pellum divorced in 2007, and their divorce decree incorporated a settlement agreement. In 2022, Cothran filed a claim for contempt and for an accounting, alleging that Pellum violated the settlement agreement based on her failure to properly share proceeds from the sale of real property that had been marital property. The trial court issued an order denying Cothran's claims on the basis that he had no interest in the property, and he filed this direct appeal. We lack jurisdiction.
"Appeals from judgments or orders in divorce, alimony, and other domestic relations cases" must be made by application for discretionary appeal. OCGA § 5-635 (a) (2). In this regard, "[w]here the underlying subject matter, i.e., the issues sought to be appealed, clearly arises from or is ancillary to divorce proceedings, or is derived from a marital relationship and divorce, the appeal is within the ambit of [OCGA § 5-6-35 (a) (2)]." Russo v. Manning, 252 Ga. 155, 155 (312 S.E.2d 319) (1984). And where, as here, a party makes a claim against his former spouse based on rights that were established in a settlement agreement and incorporated into a divorce decree, "the case involves domestic relations and compliance with OCGA § 5-6-35 is the exclusive means by which to appeal." See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 S.E.2d 679) (2005); see also Duffy v. Sanders, 354 Ga.App. 684, 684-686 (841 S.E.2d 415) (2020).
Thus, Cothran's failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.