David Lindon Naves v. Audrey Joy Deans

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 05, 2019

The Court of Appeals hereby passes the following order:

A20A0506. DAVID LINDON NAVES v. AUDREY JOY DEANS et al.

David Lindon Naves filed a petition to legitimate his biological daughter J. G. D. After a hearing, the trial court denied the petition. The court also denied Naves’ subsequent motion for new trial. This timely direct appeal followed. We, however, lack jurisdiction. A legitimation action is a domestic relations case, and an appeal in a domestic relations case must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Cloud v. Norwood, 321 Ga. App. 218, 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604, 604 (332 SE2d 48) (1985). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Naves’ failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Cloud, 321 Ga. App. at 218; Floyd, 199 Ga. App. at 332 (1).

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/05/2019 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.