In the Interest of C. M. T., a Child (Father)

Court of Appeals of Georgia·Decided April 20, 2021·No. A21A1244·Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 08, 2021

The Court of Appeals hereby passes the following order:

A21A1244. IN THE INTEREST OF C. M. T., A CHILD (FATHER).

Michael Tatum filed a petition to legitimate C. M. T. After a hearing, the trial court denied the petition, and Tatum filed this appeal. 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). Tatum’s failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/08/2021 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.

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In the Interest of C. M. T., a Child (Father), (Ga. Ct. App. 2021).

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Related

Fabe v. Floyd
405 S.E.2d 265 (Court of Appeals of Georgia, 1991)
Brown v. Williams
332 S.E.2d 48 (Court of Appeals of Georgia, 1985)
Cloud v. Norwood
739 S.E.2d 93 (Court of Appeals of Georgia, 2013)