Jessica Cannon v. Carlos Cannon

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 27, 2024

The Court of Appeals hereby passes the following order:

A25A0716. JESSICA CANNON v. CARLOS CANNON.

Jessica Cannon appeals the trial court’s order denying her petition for citation of contempt and granting Carlos Cannon’s counter-petition for citation of contempt based on alleged violations of their divorce settlement agreement.1 After a hearing, the trial court found Jessica in contempt for preventing Carlos from claiming a child care tax exemption, but declined to hold Carlos in contempt for failing to pay certain medical expenses. The court also awarded Carlos attorney fees under OCGA §§ 9-15-14 and 19-9-2. We lack jurisdiction over this appeal. Appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2), (b); see also Russo v. Manning, 252 Ga. 155, 156 (312 SE2d 319) (1984) (“A judgment of contempt regarding a domestic relations decree is appealable only by application for discretionary appeal.”). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Jessica’s failure to follow the discretionary review procedure deprives us of jurisdiction over her appeal. See id.

1 The parties also sought to modify child support payments, but then agreed to reach a settlement on child support arrearage within 30 days. Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/27/2024 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.