AUSTIN DENNIS BOOKER v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., AUTUMN BALDWIN

• Court: Court of Appeals of Georgia
• Decided: January 24, 2025
• Docket: A25A0998
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 24, 2025

The Court of Appeals hereby passes the following order:

A25A0998. AUSTIN DENNIS BOOKER v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, EX. REL., AUTUMN BALDWIN et al.

Defendant Austin Booker filed this direct appeal from a superior court order

establishing his paternity to two minor children 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 OCGA § 5-6-35 (a)

(2). See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 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 SE2d 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 SE2d 60) (1996). Accordingly, Booker 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 27-28.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/24/2025 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.