Ozell Wright v. Agatha Bimha ( 2018 )


Menu:
  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    May 22, 2018
    The Court of Appeals hereby passes the following order:
    A18A1513. OZELL WRIGHT v. AGATHA BIMHA
    Ozell Wright filed a petition for legitimation and for custody/visitation of his
    child. The trial court granted Wright’s petition, but also ordered that Wright pay child
    support to the child’s mother, Agatha Bimha. Wright’s notice of appeal and brief on
    appeal seek to challenge the trial court’s child support calculation. We, however, lack
    jurisdiction.
    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 child custody orders, Wright does not challenge the custody ruling on
    appeal, and the issue raised on appeal governs whether a custody order may be
    appealed directly. See Voyles v. Voyles, 
    301 Ga. 44
    , 47 (799 SE2d 160) (2017) (an
    appeal in a domestic relations case in which custody is not at issue must be brought
    by discretionary application).
    Wright’s failure to follow the discretionary appeal procedure deprives us of
    jurisdiction over this direct appeal, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    05/22/2018
    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: A18A1513

Filed Date: 6/4/2018

Precedential Status: Precedential

Modified Date: 6/4/2018