Javaris Antonio Byrd v. Virlinda Holmes

• Court: Court of Appeals of Georgia
• Decided: December 23, 2024
• Docket: A25A0829
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 23, 2024

The Court of Appeals hereby passes the following order:

A25A0829. JAVARIS ANTONIO BYRD v. VIRLINDA HOLMES.

Javaris Antonio Byrd filed a petition for legitimation and child custody in the trial court. After Byrd failed to appear for a scheduled hearing, the trial court dismissed his petition for failure to prosecute under OCGA § 9-11-41 (b). Byrd thereafter filed this direct appeal. We lack jurisdiction. As a general rule, appeals in domestic relations cases — including legitimation actions — must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450) (2013). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody orders, when the order at issue on appeal does not involve child custody rulings, the appeal in a domestic relations case must be brought by discretionary application. Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Byrd does not challenge any custody rulings on appeal. He instead appeals the dismissal of his legitimation action for failure to prosecute. Therefore, Byrd was required to file a discretionary application. See Voyles, 301 Ga. at 47; OCGA § 5-6-35 (a) (2), (b). Byrd’s failure to do so deprives this Court of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/23/2024 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.