Paul Frate v. Lisa Frate ( 2022 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 11, 2022
The Court of Appeals hereby passes the following order:
A22A1196. PAUL FRATE v. LISA FRATE.
Paul Frate petitioned to divorce Lisa Frate, and the trial court entered the final
divorce decree on July 21, 2021. Paul moved to set aside the decree under OCGA §
9-11-60 (d), and the trial court denied the motion. Paul then filed this direct appeal.
We lack jurisdiction for two reasons.
First, appeals from “judgments or orders in divorce, alimony, and other
domestic relations cases” must be made by application for discretionary appeal. See
OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment
under OCGA § 9-11-60 also 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 SE2d 688) (2006). “Compliance with the discretionary appeals
procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257,
257 (471 SE2d 60) (1996). Because Paul Frate failed to follow the requisite
discretionary application procedure, we lack jurisdiction to consider this direct
appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/11/2022
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.