Opinion
A23A1049
02-28-2023
JOSEPH MICHAEL FOUNTAIN v. CHARLENA S. REEVES.
The Court of Appeals hereby passes the following order:
Joseph Michael Fountain, who is incarcerated, filed a petition for legitimation, which the trial court denied. Fountain thereafter filed this direct appeal. We lack jurisdiction.
As an initial matter, the Prison Litigation Reform Act of 1996 provides that appeals of all civil actions by prisoners shall be by application for discretionary appeal as provided in OCGA § 5-6-35. See OCGA § 42-12-8. Moreover, a legitimation action is a domestic relations case, and an appeal in a domestic relations case must also be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Brown v. Williams, 174 Ga.App. 604, 605 (332 S.E.2d 48) (1985). "Compliance with the discretionary appeals procedure is jurisdictional." Fitzgerald v. Dept of Human Resources, 231 Ga.App. 129, 129 (497 S.E.2d 659) (1998) (citation and punctuation omitted). Fountain's failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.