Marquez Walker v. Georgia Department of Human Services
This text of Marquez Walker v. Georgia Department of Human Services (Marquez Walker v. Georgia Department of Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Court of Appeals of the State of Georgia
ATLANTA,____________________ September 15, 2025
The Court of Appeals hereby passes the following order:
A26A0327. MARQUEZ WALKER v. GEORGIA DEPARTMENT OF HUMAN SERVICES.
In this child support recovery action, Marquez Walker filed this direct appeal from the denial of his November 2024 OCGA § 9-11-60 (d) motion to set aside, for lack of personal jurisdiction, a 2019 default judgment entered against him. We lack jurisdiction. An appeal from a trial court order in a domestic relations case must be initiated by filing an application for discretionary review where a child custody ruling is not at issue on appeal. Compare OCGA § 5-6-34 (a) (11), with OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). An appeal from a trial court order denying an OCGA § 9-11-60 (d) motion to set aside likewise must be initiated via an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, the ruling sought to be appealed denied relief under OCGA § 9-11-60 (d) in a domestic relations case and made no determination as to child custody. A discretionary application therefore was required to initiate this appeal. See Jim Ellis Atlanta, Inc., 283 Ga. App. at 116; Smoak, 221 Ga. App. at 257. Walker’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Voyles, 301 Ga. at 47; Smoak, 221 Ga. App. at 257- 258; Jim Ellis Atlanta, Inc., 283 Ga. App. at 116-117.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/15/2025 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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