Jimmy Clark v. Toni Brewer

• Court: Court of Appeals of Georgia
• Decided: April 27, 2017
• Docket: A17A1569
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ April 26, 2017

The Court of Appeals hereby passes the following order:

A17A1569. JIMMY CLARK v. TONI BREWER.

A trial court found Jimmy Clark in contempt for failing to pay $40,969.00 in child support. Clark filed this direct appeal. We, however, lack jurisdiction. Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 426-427 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra. Clark’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider his appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 04/26/2017 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.