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Powell v. Ga. Dep't of Human Servs., ex rel. Burton

Court of Appeals of Georgia
Jan 3, 2024
No. A24A0756 (Ga. Ct. App. Jan. 3, 2024)

Opinion

A24A0756

01-03-2024

KENROY KEVON POWELL v. GEORGIA DEPARTMENT OF HUMAN SERVICES, EX REL. AYIESHA BURTON.


The Court of Appeals hereby passes the following order:

Kenroy Powell filed this direct appeal from the superior court's order enforcing an out-of-state child support order. We lack jurisdiction.

"Appeals from judgments or orders in divorce, alimony, and other domestic relations cases" must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of the discretionary appeal statute. See Booker v. Ga. Dept. of Human Resources, 317 Ga.App. 426, 427 (731 S.E.2d 110) (2012) (an action in which the "underlying subject matter is a father's obligation to provide child support" is "a domestic relations case subject to review only by application"). "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). Accordingly, Powell was required to comply with the discretionary appeal procedure to obtain review of the superior court's order.

His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Booker, 317 Ga.App. at 427.


Summaries of

Powell v. Ga. Dep't of Human Servs., ex rel. Burton

Court of Appeals of Georgia
Jan 3, 2024
No. A24A0756 (Ga. Ct. App. Jan. 3, 2024)
Case details for

Powell v. Ga. Dep't of Human Servs., ex rel. Burton

Case Details

Full title:KENROY KEVON POWELL v. GEORGIA DEPARTMENT OF HUMAN SERVICES, EX REL…

Court:Court of Appeals of Georgia

Date published: Jan 3, 2024

Citations

No. A24A0756 (Ga. Ct. App. Jan. 3, 2024)