Opinion
A21A1768
08-20-2021
NICHOLENE NELSON v. CAREY O'NEIL MCKENZIE.
The Court of Appeals hereby passes the following order:
On June 18, 2021, Nicholene Nelson filed both this direct appeal and an application for discretionary appeal from the same order modifying child support. We granted Nelson's discretionary appeal application on July 9, 2021, and she filed a notice of appeal in the discretionary case on July 12, 2021. Case No. A21D0385. Carey O'Neil McKenzie has filed a motion to dismiss this direct appeal. Notably, Nelson states in response to the motion that she did not intend to initiate a separate, direct appeal. The discretionary appeal procedure outlined in OCGA § 5-6-35 was required (and was followed) in Case No. A21D0385. See OCGA § 5-6-35 (a) (2); Voyles v. Voyles, 301 Ga. 44, 45 (799 S.E.2d 160) (2017).
Therefore, McKenzie's motion to dismiss this direct appeal is GRANTED and this appeal is hereby DISMISSED. See generally Kliesrath v. Estate of Davis, 298 Ga. 872 (786 S.E.2d 238) (2016).