Steven Gary Gaddis v. Christina Michelle Gaddis

• Court: Court of Appeals of Georgia
• Decided: November 7, 2025
• Docket: A26A0628
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ November 07, 2025

The Court of Appeals hereby passes the following order:

A26A0628. CHRISTINA MICHELLE GADDIS v. STEVEN GARY GADDIS.

After Christina Michelle Gaddis and Steven Gary Gaddis (the “husband”) were divorced, the husband filed a motion to set aside or vacate the divorce decree. The trial court denied the husband’s motion and he filed a direct appeal. We lack jurisdiction for two reasons. First, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b); see Onyemobi v. Onyemobi, 375 Ga. App. 538, 538 (916 SE2d 738) (2025). In like manner, appeals from trial court orders denying motions to set aside under OCGA § 9-11-60 (d) must be initiated by filing 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. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Accordingly, the husband’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/07/2025 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.