Opinion
A24A1689
08-09-2024
DAVID MCADOO v. BARBIE MCADOO.
The Court of Appeals hereby passes the following order:
In this divorce proceeding, Barbie McAdoo filed an application for citation of contempt against her ex-husband David McAdoo for, among other things, failure to pay child support and reimburse Barbie for certain expenses. On December 14, 2023, the trial court entered an order finding David in contempt; ordering him incarcerated until he paid the purge amount of $23,944.25 (half the arrearage due); and ordering him to pay at a later date the remaining half of the arrearage due, plus attorney fees. Barbie thereafter filed a motion to enforce the incarceration order, and, on February 14, 2024, the court granted the motion and entered an order for David's immediate arrest and incarceration. David then filed the instant appeal. We, however, lack jurisdiction.
David directed his notice of appeal to the Supreme Court of Georgia, which transferred the matter to this Court. See Case No. S24A0976 (May 29, 2024).
Appeals from "judgments or orders in divorce, alimony, and other domestic relations cases" must be made by application for discretionary appeal. See OCGA § 56-35 (a) (2); see also Norman v. Ault, 287 Ga. 324, 330-331 (6) (695 S.E.2d 633) (2010); Russo v. Manning, 252 Ga. 155, 155-156 (312 S.E.2d 319) (1984). "[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991).
Because David failed to file an application for discretionary appeal, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.