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Shy v. Ga. Dep't of Human Servs.

Court of Appeals of Georgia
May 1, 2024
No. A24A1216 (Ga. Ct. App. May. 1, 2024)

Opinion

A24A1216

05-01-2024

CHARLIE SHY v. GEORGIA DEPARTMENT OF HUMAN SERVICES, EX REL. CAIRO SHY.


The Court of Appeals hereby passes the following order:

Defendant Charlie Shy filed this direct appeal from a superior court order establishing his paternity to a minor child and requiring him to pay child support. 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 paternity and the collection of child support, it is a domestic relations case within the meaning of the 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"); Brown v. Dept. of Human Resources, 204 Ga.App. 27, 27 (418 S.E.2d 404) (1992) ("Appeals arising out of paternity petitions are domestic relations cases which require compliance with the discretionary appeal procedure of OCGA § 5-6-35.").

"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, Shy 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; Brown, 204 Ga.App. at 27.


Summaries of

Shy v. Ga. Dep't of Human Servs.

Court of Appeals of Georgia
May 1, 2024
No. A24A1216 (Ga. Ct. App. May. 1, 2024)
Case details for

Shy v. Ga. Dep't of Human Servs.

Case Details

Full title:CHARLIE SHY v. GEORGIA DEPARTMENT OF HUMAN SERVICES, EX REL. CAIRO SHY.

Court:Court of Appeals of Georgia

Date published: May 1, 2024

Citations

No. A24A1216 (Ga. Ct. App. May. 1, 2024)