James P. Gary, Jr. v. Holly A. Morman ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    April 02, 2019
    The Court of Appeals hereby passes the following order:
    A18A1929. JAMES P. GARY, JR. v. HOLLY A. MORMAN.
    Holly A. Morman filed a petition seeking, among other things, the modification
    of custody of her minor children with James P. Gary, Jr. The trial court entered an
    order modifying custody and finding Gary in contempt but awarding no attorney fees
    to the parties. The trial court subsequently entered an amended order modifying the
    parties’ parenting plan and awarding attorney fees to Morman in the amount of
    $2,600. Gary filed a direct appeal. We, however, lack jurisdiction.
    Generally appeals from orders in domestic relations cases 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 SE2d 265) (1991). Although OCGA § 5-6-34 (a) (11) permits a direct
    appeal from all judgments or orders in “child custody cases,” the issue raised on
    appeal governs whether an order may be appealed directly, and here the issue is not
    custody but attorney fees. See Voyles v. Voyles, 
    301 Ga. 44
    , 47 (799 SE2d 160)
    (2017) (appeal in a domestic relations case in which custody is not an issue must be
    brought by discretionary application). Gary’s failure to follow the discretionary
    appeal procedure deprives us of jurisdiction over this case, which is hereby
    DISMISSED.
    Court    of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    04/02/2019
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A18A1929

Filed Date: 4/11/2019

Precedential Status: Precedential

Modified Date: 4/17/2021