Opinion
A24A1593
06-14-2024
CECILY TERRY v. SHARMAYNE MADDEN et al.
The Court of Appeals hereby passes the following order:
The trial court entered final decrees permitting the adoption of two minor children. Six months later, Cecily Terry, the children's biological mother, filed a motion to set aside the decrees under OCGA § 9-11-60 (d) (3). The trial court denied Terry's motion, and she appeals directly to this Court. We lack jurisdiction.
An appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga.App. 116, 116 (640 S.E.2d 688) (2006). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Because Terry failed to follow the requisite discretionary application procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.