Background
Dana Street, proceeding pro se, filed a direct appeal after the trial court denied her motion for a new trial and/or reconsideration. That motion followed the final judgment and decree in her divorce action.
Under Georgia law, appeals from judgments or orders in divorce, alimony, and other domestic-relations cases must proceed through an application for discretionary review rather than a direct appeal.
The Court’s Holding
The Court of Appeals of Georgia dismissed Street’s direct appeal for lack of jurisdiction. Street did not use the required discretionary-appeal procedure for a divorce case.
The court held that compliance with the discretionary appeals procedure is jurisdictional. Because Street filed a direct appeal instead of an application for discretionary review, the court lacked authority to consider the appeal.
Key Takeaways
- Georgia divorce appeals generally require an application for discretionary review.
- Using a direct appeal instead of the required procedure deprives the appellate court of jurisdiction.
- The court dismissed the appeal without reaching the merits of the trial court’s ruling.
Why It Matters
The order underscores that the method of seeking appellate review in domestic-relations cases is jurisdictional in Georgia. Even a challenge to a post-judgment order denying a new trial or reconsideration must follow the discretionary-appeal process when it arises from a divorce action.