CECILY TERRY v. SHARMAYNE MADDEN

• Court: Court of Appeals of Georgia
• Decided: June 14, 2024
• Docket: A24A1593
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 14, 2024

The Court of Appeals hereby passes the following order:

A24A1593. CECILY TERRY v. SHARMAYNE MADDEN et al.

The trial court entered final decrees permitting the adoption of two minor children. Six months later, Cecily Terry, the children’s biological mother, filed a motion to set aside the decrees under OCGA § 9-11-60 (d) (3). The trial court denied Terry’s motion, and she appeals directly to this Court. We lack jurisdiction. An appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Terry failed to follow the requisite discretionary application procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/14/2024 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.