Opinion
A23A0172
09-01-2022
CHERYL AMANDA SMITH v. MICHAEL SHANE BAKER.
The Court of Appeals hereby passes the following order:
Michael Shane Baker filed a petition for contempt against Cheryl Amanda Smith, asserting she had wilfully failed to pay child support as required by a June 2018 order. The trial court entered an order on January 28, 2022, finding Smith in contempt, and Smith appeals. We, however, lack jurisdiction.
Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). "[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody rulings issued in child custody cases, the order at issue in this appeal does not include any child custody rulings, so it does not fall within the scope of this provision. See Voyles v. Voyles, 301 Ga. 44, 47 (799 S.E.2d 160) (2017). Smith's failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.