Opinion
A24A1216
05-01-2024
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.