Opinion
A23A0250
09-08-2022
FERDINAND FARLEY, SR. v. BRENDA PARHAM FARLEY n/k/a BRENDA PARHAM MURRAY.
Ferdinand Farley, Sr., ("Farley") filed a petition for declaratory judgment seeking clarification of a Qualified Domestic Relations Order ("QDRO") entered following his divorce from Brenda Parham Farley n/k/a Brenda Parham Murray. The trial court entered an order finding the QDRO unambiguous, and Farley appeals. We, however, lack jurisdiction.
Farley appealed to the Supreme Court, which transferred the matter to this Court. See Case No. S22A1284 (Aug. 9, 2022).
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). And "where, as here, the underlying subject matter of a lawsuit relates to such rights and obligations [arising from a divorce decree], and the parties are the ex-spouses . . ., the case involves domestic relations and compliance with OCGA § 5-6-35 is the exclusive means by which to appeal the final order in the action." Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 S.E.2d 679) (2005). "The fact that the particular vehicle used to obtain the judgment was an action for declaratory judgment makes no difference because the subject matter was domestic relations and the judgment is one entered in a domestic relations case." Weaver v. Jones, 260 Ga. 493, 493-494 (2) (396 S.E.2d 890) (1990).
Farley's failure to follow the requisite procedure deprives this Court of jurisdiction to consider this appeal. See Yanes v. Escobar, 362 Ga.App. 896, 898 (870 S.E.2d 506) (2022). Accordingly, this appeal is hereby DISMISSED.