Ga. Code Ann. § 5-6-35

The condemnation exception to the discretionary-appeal requirement includes both inverse-condemnation and classic-condemnation cases.

Brownlow v. City of Calhoun · filed 1991-02-25(a)(1)

Moreover, construing Chapter 6 of Title 5 of OCGA, including OCGA § 5-6-35 (a) (1) thereof, liberally as we are required to do so as to strive to bring about a decision on the merits of every case appealed and to avoid dismissal whenever possible (OCGA § 5-6-30), we are satisfied that the word “condemnation” as it appears in the exceptions to the rule of OCGA § 5-6-35 (a) (1) was intended by the legislature to except “inverse” as well as classic condemnation cases therefrom.

Subsection (a) requires a discretionary appeal procedure for this type of superior-court review, and failure to follow that procedure requires dismissal of a direct appeal.

Carrigan v. City of Atlanta · filed 1986-11-04(a)

The discretionary appeal procedures were required in this case under OCGA § 5-6-35 (a), and the appellant’s failure to follow those procedures results in the dismissal of this direct appeal.

Section 5-6-35 requires an application for appeal in child support cases; a direct appeal without one must be dismissed.

Joyner v. Joyner · filed 1990-10-17(a)(2), (b), (d)

Child support issues being among those encompassed within OCGA § 5-6-35 (a) (2), and no application for appeal as required by OCGA § 5-6-35 (b) & (d) having been filed, this case must be dismissed.

Section 5-6-35(a)(2) permits a contempt or other domestic relations case to be brought before the Court of Appeals by application for discretionary appeal.

Elmore v. Elmore · filed 1986-02-05(a)(2)

At the outset, we note that this “contempt” or “other domestic relations case” was properly brought before the Court of Appeals via application for discretionary appeal under OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(8) requires an application for discretionary review when a party appeals specified orders under Code Section 9-11-60 denying a motion or equitable complaint to set aside a judgment.

Jaraysi v. Southern Bell Telephone & Telegraph Co. · filed 1985-09-19(a)(8)

OCGA § 5-6-35 (a) (8), as amended effective July 1, 1984, requires that an application for discretionary review be filed where a party appeals “from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment.”

Section 5-6-35(a)(1) requires a party to use the discretionary-appeal procedure for this type of appeal.

Castor v. DeKalb County · filed 1986-11-06(a)(1)

Such an appeal is governed by the mandatory discretionary appeal procedures of OCGA § 5-6-35 (a) (1). Having failed to follow proper appellate procedure, Castor has rendered this court without jurisdiction to consider the merits of his claims.

Section 5-6-35 requires appeals in domestic-relations cases, including child-support matters, and appeals from orders denying motions to set aside judgments to be taken by application.

Graves v. Graves · filed 1988-03-01(a)(2), (a)(8)

“Under the provisions of OCGA § 5-6-35 (a) (2), appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases must be taken by application. Matters of child support fall into the category of ‘other domestic relations’ and are therefore within the purview of OCGA § 5-6-35 (a) (2). [Cit.]” ... Additionally, OCGA § 5-6-35 (a) (8) requires that an appeal from an order denying a motion to set aside a judgment is discretionary and must be taken by application. ... Since appellant has failed to comply with the provisions of OCGA § 5-6-35, his appeal must be dismissed.

Section 5-6-35(a)(2) requires appeals from paternity petitions, as domestic-relations cases, to follow the discretionary-appeal application procedure.

Brown v. Department of Human Resources · filed 1992-04-15(a)(2)

OCGA § 5-6-35 (a) (2) requires all “[a]ppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases” be by application. Appeals arising out of paternity petitions are domestic relations cases which require compliance with the discretionary appeal procedure of OCGA § 5-6-35.

Section 5-6-35(a)(2) makes appeals in domestic-relations cases discretionary, but it does not govern when a case also presents directly appealable non-domestic-relations issues.

Eickhoff v. Eickhoff · filed 1993-10-25(a)(2)

OCGA § 5-6-35 (a) (2) is applicable to appeals in "domestic relations" cases. If the sole issue to be resolved on appeal concerns "domestic relations," the appeal is clearly from a "domestic relations" case and must be taken to the appropriate appellate court pursuant to OCGA § 5-6-35 (a) (2). If, however, additional issues which would otherwise be directly appealable are also to be resolved on appeal, the appeal is not from a "domestic relations" case. Under those circumstances, the case is directly appealable to the appropriate appellate court and the "domestic relations" issue can then be raised pursuant to OCGA § 5-6-34 (d).

The statute requires an application for discretionary appeal within 30 days for appeals from judgments or orders in domestic relations cases.

Smoak v. Department of Human Resources · filed 1996-05-03(a)(2), (b), and (d)

OCGA § 5-6-35 (a) (2), (b) and (d) require that appeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases must be taken by application, and that application must be filed within 30 days of the entry of the order complained of.

Section 5-6-35(a)(2) requires appeals in domestic-relations cases, including family-violence actions, to be brought by discretionary application.

Schmidt v. Schmidt · filed 1999-01-11(a)(2)

Because OCGA § 5-6-35 (a) (2) provides that appeals in domestic relations cases shall be by application, we hold that appeals in family violence actions must follow the discretionary application process. Although Mr. Schmidt was found in contempt, for which OCGA § 5-6-34 (a) (2) provides a direct appeal, it does not entitle him to a direct appeal for the contempt finding since the underlying subject matter is listed in OCGA § 5-6-35 (a).

Section 5-6-35 requires a discretionary appeal for covered domestic-relations matters, but a paternity issue ancillary to estate administration and inheritance is outside subsection (a)(2), and a trial court’s dismissal of an appeal is directly appealable under subsection (j).

Rodriguez v. Nunez · filed 2001-10-17(a)(2), (j)

We must read these cases in context, however, and recognize that they involve actions against a father or putative father for child support. ... Similarly, the paternity issue in the case before us is ancillary to the more significant issues of estate administration and .inheritance, which do not fall under OCGA § 5-6-35 (a) (2). The propriety of the trial court’s grant of summary judgment to Nunez is therefore properly before us on direct appeal.

Section 5-6-35(a)(2) requires appeals from judgments and orders in domestic-relations cases to be brought by discretionary-appeal application, including an action concerning rights under an incorporated divorce decree.

Walker v. Estate of Mays · filed 2005-09-19(a)(2)

OCGA § 5-6-35(a)(2) provides, without exception, that appeals in "domestic relations cases" must be brought by application for discretionary appeal. ... Accordingly, where, as here, the underlying subject matter of a lawsuit relates to such rights and obligations, and the parties are the ex-spouses, their children or their legal representatives, the case involves domestic relations and compliance with OCGA § 5-6-35 is the exclusive means by which to appeal the final order in the action.

Section 5-6-35(a)(2) requires appeals in domestic relations cases to be taken by application for discretionary appeal.

Holloman v. Adams · filed 2012-05-09(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), however, appeals in domestic relations cases must be taken by application for discretionary appeal. Because Holloman failed to follow the proper appellate procedure, this appeal is DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(2) requires appeals in domestic relations cases to be brought by application for discretionary appeal.

Cannon v. the Georgia Department of Human Resources Ex. Rel., Lauren Thompson · filed 2012-05-25(a)(2)

Appeals in domestic relations cases must be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a)(2) requires appeals in domestic relations cases to be brought by application for discretionary appeal, including child-support cases initiated by the Department of Human Resources.

Booker v. Dhr · filed 2012-08-14(a)(2)

“OCGA § 5-6-35 (a) (2) provides, without exception, that appeals in ‘domestic relations cases’ must be brought by application for discretionary appeal.” Walker v. Estate of May, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). “This is a domestic relations case subject to review only by application because its underlying subject matter is a father’s obligation to provide child support for his son. See Camp v. Camp, 247 Ga. 533 (277 SE2d 55) (1981); Davis v. Welch, 205 Ga. App. 462, 463 (422 SE2d 323) (1992). This case falls within OCGA § 5-6-35 (a) (2) even though it was initiated by the Department of Human Resources. See Fitzgerald v. Dept. of Human Resources, 231 Ga. App. 129 (497 SE2d 659) (1998) (appeal from order modifying child support obligation in case initiated by Department of Human Resources must be brought as discretionary appeal under OCGA § 5-6-35 (a) (2), among other subsections).”

Section 5-6-35(a)(2) requires appeals from orders entered in domestic relations cases to comply with the discretionary appeal procedure.

In the Interest Of: D. A., a Child (Mother) · filed 2012-08-16(a)(2)

Appeals from orders entered in domestic relations cases must comply with the discretionary appeal procedure. OCGA § 5-6-35 (a) (2). Because Allen failed to comply with the discretionary appeal procedure as required, this appeal is DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(2) requires a discretionary appeal in a domestic relations case involving child support even when the case was initiated by the Department of Human Resources.

Booker v. Georgia Department of Human Resources · filed 2012-08-14(a)(2)

This case falls within OCGA § 5-6-35 (a) (2) even though it was initiated by the Department of Human Resources.

Section 5-6-35(a)(2) requires discretionary-appeal procedure for review of orders in domestic-relations cases, including legitimation actions.

In the Interest Of: R. B., a Child (Father) · filed 2012-10-18(a)(2)

Appeals in domestic relations cases must comply with the discretionary appeal procedure, and a legitimation action is a domestic relations case. See OCGA § 5-6-35 (a) (2); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Accordingly, Curtis was required to file an application for discretionary appeal to obtain review of this order.

Section 5-6-35(a)(2) requires appeals in domestic relations cases to be taken by application for discretionary appeal.

Robert Stoney Worthy v. Georgia Department of Human Resources · filed 2012-11-06(a)(2)

However, appeals in domestic relations cases must be taken by application for discretionary appeal as required under OCGA § 5-6-35 (a) (2). Worthy’s failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(2) requires a discretionary-appeal application for appeals from Family Violence Act protective orders because those cases are domestic relations cases.

Robertson v. Robertson · filed 2012-12-26(a)(2)

Family Violence Act cases are domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2), so appeals of such orders must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires a discretionary rather than direct appeal for orders in domestic-relations cases.

Proux v. the Georgia Department of Human Resources · filed 2013-01-04(a)(2)

The superior court’s order, however, is not subject to direct appeal because this is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). Fitzgerald v. Dep’t of Human Res., 231 Ga. App. 129 (497 SE2d 659) (1998). Accordingly, it is subject to discretionary, rather than direct, appeal.

Section 5-6-35(a)(2) requires appeals in Family Violence Act cases, as domestic relations cases, to be brought by application for discretionary appeal.

Windsor A. Vega, Jr. v. Sarah L. Johnson Vega · filed 2013-03-13(a)(2)

Family Violence Act cases are domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2), so appeals of such orders must be made by application for discretionary appeal.

Appeals in domestic relations cases, including legitimation actions, must follow the discretionary appeal procedure.

McAvaney v. Campbell · filed 2013-03-13(a)(2)

Appeals in domestic relations cases must comply with the discretionary appeal procedure, and a legitimation action is a domestic relations case. See OCGA § 5-6-35 (a) (2); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Accordingly, McAvaney was required to file an application for discretionary appeal to obtain review of this order.

Section 5-6-35(a)(2) requires appeals in domestic relation cases to be brought by application for discretionary appeal.

Bob Vaughan v. Vaughan · filed 2013-09-04(a)(2)

OCGA § 5-6-35 (a) (2) provides that appeals in domestic relation cases must be brought by application for discretionary appeal. Because Bob Vaughan failed to follow the discretionary appeal procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) requires an application for discretionary appeal to appeal a judgment or order in a domestic-relations case, including an order holding or declining to hold a person in contempt.

Massey v. Massey · filed 2013-11-18(a)(2)

In doing so, however, he made a fatal procedural error: he filed a notice of appeal but never filed the application for discretionary appeal that is required to appeal “judgments or orders in divorce, alimony, and other domestic relations cases including, but not limited to, . . . holding or declining to hold persons in contempt.” OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a)(2) treats family-violence actions as domestic-relations cases, so an appeal in such an action must be brought by application for discretionary appeal.

Upson v. Upson · filed 2014-06-23(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19- 13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires an application for discretionary appeal when appealing a protective order entered under the Family Violence Act because such cases are domestic relations cases.

Gilbert Freeman, Jr. v. Todd · filed 2014-09-10(a)(2)

Family Violence Act cases are domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2), so appeals of such orders must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires discretionary-appeal procedures for domestic-relations cases, including family-violence cases, but a case involving a nonfamilial neighbor is outside that category.

Birdsong v. Barnett · filed 2014-10-29(a)(2)

Because this case concerns Birdsong’s actions toward his neighbor, with whom he does not have a familial relationship, it is not a family violence case within the meaning of OCGA § 19-13-1, nor a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). Birdsong, therefore, was not required to follow the discretionary appeal procedures to obtain appellate review.

Section 5-6-35(a)(2) requires an application for discretionary appeal to obtain review of an order in a domestic-relations legitimation case.

In the Interest Of: W.A.J. , a Child · filed 2015-08-10(a)(2)

Appeals in domestic relations cases must comply with the discretionary appeal procedure, and a legitimation action is a domestic relations case. See OCGA § 5-6-35 (a) (2); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Accordingly, Brennan was required to file an application for discretionary appeal to obtain review of this order. Because he failed to comply with the discretionary appeal procedures, this appeal is DISMISSED for lack of jurisdiction.

(a)(2) requires appeals in domestic relations cases to follow the discretionary-appeal procedure.

Hoke v. Jennings · filed 2016-03-11(a)(2)

Appeals in domestic relations cases must comply with the discretionary appeal procedure. OCGA § 5-6-35 (a) (2). A legitimation action is a domestic relations case. Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Because Hoke failed to comply with the discretionary appeal procedure as required, Jennings’s motion to dismiss is GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(2) requires an application for discretionary appeal from domestic-relations orders, including orders holding or declining to hold a person in contempt of an alimony judgment or order.

Santry v. Fisher · filed 2016-06-10(a)(2)

Appeals from orders in domestic relations cases, including “holding or declining to hold persons in contempt of such alimony judgment or orders” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); see also Schmidt v. Schmidt, 270 Ga. 461 (510 SE2d 810) (1999).

Section 5-6-35(a)(2) requires appeals of orders in domestic-relations cases to be initiated by filing an application for discretionary appeal.

Burton v. Burton · filed 2016-11-28(a)(2)

Appeals of orders in domestic relations cases must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999).

Section 5-6-35(a)(2) requires a discretionary application for an appeal in a domestic-relations case when the issue on appeal is not custody, even if the underlying order involved custody.

Voyles v. Voyles · filed 2017-04-17(a)(2)

Turning to this case, Husband has not directly challenged on appeal the court’s substantive ruling refusing to change custody. Indeed, he could not do so unless he first succeeded on his motion to set aside. This is an appeal from an order denying a motion to set aside the trial court’s order on the ground of inadequate notice of a hearing. As custody is therefore not an issue on appeal in this domestic relations case under OCGA § 5-6-35 (a) (2) and as Husband failed to follow the discretionary application procedures set out in OCGA § 5-6-35, we hereby dismiss his appeal.

Section 5-6-35(a)(2) requires an application for discretionary appeal in domestic-relations cases, including actions under the Family Violence Act.

Rogers v. Rosa Rogers · filed 2017-04-27(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal.

Section 5-6-35(a)(2) does not eliminate the requirement that a party seeking review of an interlocutory order comply with the interlocutory-appeal procedure and obtain a certificate of immediate review under § 5-6-34(b).

Amison v. Cain · filed 2017-06-08(a)(2)

Although Amison contends that a discretionary application is proper under OCGA § 5-6-35 (a) (2) on the basis that this is a domestic relations case, “[t]he discretionary appeal statute does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).”

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

Dixit v. Dixit · filed 2017-09-15(a)(2)

OCGA § 5-6-35 (a) (2) provides that “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be brought by application for discretionary appeal.

Section 5-6-35(a)(2) requires a discretionary-appeal application for judgments or orders in divorce, alimony, and other domestic-relations cases, including issues ancillary to divorce or derived from the marital relationship and divorce.

Heald v. Heald · filed 2017-10-11(a)(2)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “Where the underlying subject matter, i.e., the issues sought to be appealed, clearly arises from or is ancillary to divorce proceedings, or is derived from a marital relationship and divorce, the appeal is within the ambit of this statute.”

Section 5-6-35(a)(2) requires discretionary-appeal applications for appellate review of orders in divorce cases because divorce cases are domestic relations cases.

Holmes-Reddick v. Reddick · filed 2017-10-11(a)(2)

Divorce cases are domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, the wife was required to file an application for discretionary appeal to obtain appellate review of the trial court’s order dismissing her appeal.

Section 5-6-35 (a)(2) requires appeals in family violence actions, as domestic relations cases, to be made by application for discretionary appeal.

Dingler v. Moore · filed 2017-10-11(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra.

Section 5-6-35(a)(2) and (b) requires an appeal in a domestic-relations case, including a legitimation action, to be initiated by an application for discretionary review.

Oliver v. Field · filed 2017-11-29(a)(2), (b)

A legitimation action is a domestic relations case, and an appeal in a domestic relations case must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Cloud v. Norwood, 321 Ga. App. 218, 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604, 604 (332 SE2d 48) (1985).

Section 5-6-35(a)(2) requires a discretionary-review application for an appeal in a domestic-relations matter involving rights and obligations arising from a divorce decree.

Burks v. Burks · filed 2017-12-04(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Warren v. Warren · filed 2017-12-04(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a)(2) requires a discretionary-review application for an appeal in a domestic-relations matter arising from a divorce decree when child custody is not at issue.

Hamilton v. Hamilton-Peart · filed 2018-01-09(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree, and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to proceed by application for discretionary appeal.

Hatcher v. Hatcher · filed 2017-12-04(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires an appeal from a judgment or order in a divorce, alimony, or other domestic-relations case to be brought by discretionary application.

Hawkins v. Hawkins · filed 2018-02-07(a)(2)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

White v. White · filed 2018-02-22(a)(2)

OCGA § 5-6-35 (a) (2) provides that “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be brought by application for discretionary appeal.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Sandy Jennings v. Jennings · filed 2018-04-20(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be brought by discretionary application.

Lester L. Smith, Sr. v. Smith · filed 2018-04-20(a)(2)

Second, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires a discretionary application for an appeal involving rights and obligations arising from a divorce decree when child custody is not at issue.

Caquias v. Kavetsky · filed 2018-05-02(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2).

Subsection (a)(2) requires appeals from orders in domestic relations cases to be pursued by discretionary application.

Ozell Wright v. Bimha · filed 2018-06-04(a)(2)

Appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from orders in domestic relations cases to be brought by discretionary application.

Angell v. Angell · filed 2018-06-04(a)(2)

Appeals from orders in domestic relations cases must be pursued by discretionary application. OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from orders in domestic relations cases to be pursued by discretionary application, and compliance with that procedure is jurisdictional.

Dixon v. Dixon · filed 2018-06-26(a)(2)

Regarding Case No. A18A1618, generally appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from all judgments or orders in “child custody cases,” the issue raised on appeal governs whether a custody order may be appealed directly, and here the issue is not custody but whether the trial court properly denied the motion to reopen.

Section 5-6-35(a)(2) generally requires discretionary application for appeals from domestic-relations orders, and compliance with that procedure is jurisdictional.

James P. Gary, Jr. v. Morman · filed 2018-07-19(a)(2)

Generally appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from all judgments or orders in “child custody cases,” the issue raised on appeal governs whether an order may be appealed directly, and here the issue is not custody but attorney fees.

Subsection (a)(2) requires a discretionary application to appeal a domestic-relations order holding or declining to hold a person in contempt, and compliance with that procedure is jurisdictional.

Cherie Long v. Duane P. Truex, II · filed 2018-08-27(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary appeal when appealing an order relating to child custody entered in a divorce proceeding.

Steedley v. Steedley · filed 2018-10-17(a)(2)

This case is part of a divorce proceeding between the parties and as such it is an order relating to custody in a divorce case requiring an application for discretionary appeal pursuant to OCGA § 5-6-35 (a) (2) to seek an appeal.

Section 5-6-35(a)(2) requires a discretionary application to appeal a domestic-relations matter that does not involve child custody, and compliance with that procedure is jurisdictional.

Morris v. Smith · filed 2018-10-17(a)(2), (b)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application); Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996) (“Regardless how this case was couched or pursued, it involves collection of child support moneys and it is a domestic relations matter.”) (punctuation omitted). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires appeals of domestic-relations orders, including Family Violence Act orders, to be initiated by an application for discretionary appeal, and compliance with that procedure is jurisdictional.

McRae v. McRae · filed 2018-11-01(a)(2), (b)

Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Sheril McRae’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Subsection (a)(2) requires appeals from judgments or orders in domestic relations cases, including divorce cases, to be taken by application for discretionary review.

Edwards v. Edwards · filed 2018-11-29(a)(2)

Appeals from judgments or orders entered in domestic relations cases, including divorce cases, must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (2).

Section 5-6-35 requires a discretionary-appeal application for appeals from orders denying motions to set aside judgments and for appeals in divorce and other domestic-relations cases.

Morton v. Morton · filed 2018-12-19(a)(8), (a)(2)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Moreover, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must also be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 requires an application for discretionary review to initiate an appeal in a domestic-relations case, and compliance with that procedure is jurisdictional.

Johnson v. Lane · filed 2018-12-19(a)(2), (b)

A legitimation action is a domestic relations case, however, and an appeal in a domestic relations case must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Cloud v. Norwood, 321 Ga. App. 218, 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604, 604 (332 SE2d 48) (1985). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Johnson’s failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) requires appeals from domestic-relations orders to be pursued through a discretionary application, and compliance with that procedure is jurisdictional.

Gillard v. Tibbs · filed 2018-12-19(a)(2)

Pretermitting whether Gillard’s appeal was timely or prematurely encompassed the trial court’s final order, appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991).

Appeals from judgments or orders in divorce, alimony, and other domestic relations cases must be filed by application for discretionary appeal, and compliance with that procedure is jurisdictional.

McDonald v. McDonald · filed 2019-01-08(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (2) requires an application for discretionary appeal from judgments or orders in divorce, alimony, and other domestic-relations cases.

Blase v. Blase · filed 2018-12-19(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be brought by application for discretionary appeal.

Linda Marie Jackson Holmes v. Holmes · filed 2019-01-08(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). The wife’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal. Accordingly, the wife’s appeal is hereby DISMISSED.

Section 5-6-35(a)(2) requires appeals from orders in domestic-relations cases to be pursued through the discretionary-application procedure.

Rogers v. Stevens · filed 2019-01-08(a)(2)

Generally, appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary review of appeals from orders in domestic relations cases, including contempt orders concerning alimony judgments.

McElhannon v. Robinson · filed 2019-01-17(a)(2)

But appeals from orders entered in domestic relations cases, including orders holding persons in contempt of alimony judgments, must come by application for discretionary review. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be brought by discretionary application.

Cephas v. Charles Cephas, Jr. · filed 2019-02-11(a)(2)

Second, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) treats an action involving rights and obligations arising from a divorce decree as a domestic-relations matter requiring an application for discretionary review.

Gittens v. Gittens · filed 2018-01-30(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which child custody is not at issue must be brought by discretionary application).

Section 5-6-35(a)(2) requires appeals from domestic-relations orders to proceed by discretionary application, and compliance with that procedure is jurisdictional.

James P. Gary, Jr. v. Morman · filed 2019-04-11(a)(2)

Generally appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary appeal when the underlying subject matter of an appeal arises from, is ancillary to, or is derived from divorce or a marital relationship.

Pollard v. Pollard · filed 2019-05-03(a)(2)

Although Brian seeks relief from the trial court’s order granting Kayleen’s request for an injunction, the injunction arises from or is ancillary to the parties’ divorce proceedings or is derived from their marital relationship and divorce. As such, Brian was required to file an application for discretionary review under OCGA § 5-6-35 (a) (2). His failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to proceed by discretionary appeal, and compliance is jurisdictional.

Marcus v. Sylvester Marcus, Sr. · filed 2019-05-22(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). The wife’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal.

Section 5-6-35(a)(2) requires appeals from orders entered in domestic-relations cases to proceed by application for discretionary review.

Jackson v. Viola Shandtrala Jackson · filed 2019-07-22(a)(2)

This case is part of the divorce proceeding between the parties and, as such, Torrence Jackson was required to file an application for discretionary appeal pursuant to OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires an appeal in a domestic-relations matter that does not involve child custody to be initiated by an application for discretionary review.

White v. White · filed 2019-08-06(a)(2), (b)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application).

Section 5-6-35 (a)(2) requires a discretionary-appeal application for appeals arising from divorce and other domestic-relations cases, and a party cannot avoid that requirement by styling the action as mandamus or declaratory judgment.

Christopher Allen Larken Hill v. Stephen Scarlett, Sr., Judge · filed 2019-08-21(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. ... Although Hill styled his action as a mandamus petition, he still seeks to challenge rulings made in the divorce proceeding. Accordingly, he was required to comply with the discretionary application procedure. A party cannot avoid compliance with OCGA § 5-6-35 (a) by filing a mandamus or declaratory judgment action in the superior court.

Section 5-6-35 requires an appeal in a domestic relations case, including a legitimation action, to be initiated by an application for discretionary review.

Naves v. Deans · filed 2019-11-05(a)(2), (b)

A legitimation action is a domestic relations case, and an appeal in a domestic relations case must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Cloud v. Norwood, 321 Ga. App. 218, 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604, 604 (332 SE2d 48) (1985).

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

Hauf v. Hauf · filed 2019-12-24(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) requires appeals from domestic-relations orders to proceed by discretionary application.

Beacham v. Beacham · filed 2020-03-13(a)(2)

Appeals from orders in domestic relations must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires appeals from divorce, alimony, and other domestic-relations judgments or orders to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Evans v. Evans · filed 2020-04-03(a)(2), (b)

“Appeals 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). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary review to appeal an order in a divorce, alimony, or other domestic-relations case, including a claim ancillary to the divorce proceedings or derived from the marital relationship.

Duffy v. Sanders · filed 2020-04-03(a)(2)

Such a claim is ancillary to the divorce proceedings or derived from the marital relationship or both. See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005) (holding that wife and children were required to file an application for discretionary review to appeal trial court order in breach-of-contract case because underlying subject matter related to rights and obligations under husband and wife’s divorce decree). Wife was therefore required to file an application for discretionary review under OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from judgments or orders in domestic relations cases, including divorce cases, to be taken by application for discretionary appeal.

Rodgers v. Rodgers · filed 2020-07-20(a)(2)

In this divorce action, Melissa Rodgers properly filed an application for discretionary appeal from the trial court’s order establishing child custody and visitation. See OCGA § 5-6-35 (a) (2) (appeals from judgments or orders entered in domestic relations cases, including divorce cases, must be appealed by application for discretionary appeal); Hoover v. Hoover, 295 Ga. 132, 134 (1) (757 SE2d 838) (2014) (when child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a “child custody case” for purposes of determining the appropriate method for appeal).

Section 5-6-35 requires appeals from divorce, alimony, and other domestic-relations judgments or orders to be initiated by an application for discretionary review.

Spears v. Spears · filed 2020-08-17(a)(2), (b)

“Appeals 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). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Spears’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) requires a party to use the discretionary-appeal procedure to obtain review of a domestic-relations case, including one involving family violence.

Rhymer-Mayo v. Herrington · filed 2020-09-23(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain review in a domestic relations case, including those that involve family violence.

Section 5-6-35 (a) (2) requires a discretionary-appeal application for domestic-relations judgments and orders, but a case containing an additional directly appealable non-domestic issue may be brought by direct appeal.

Hagan v. Hagan · filed 2020-10-01(a)(2)

The (at best) hybrid nature of this appeal prevents it “from being considered a ‘domestic relations’ case which is otherwise subject to OCGA § 5-6-35 (a) (2).”

Section 5-6-35(a)(2) requires appeals from domestic-relations contempt orders to be brought by discretionary application, and compliance with that procedure is jurisdictional.

Bushell v. Bushell · filed 2020-11-17(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991).

Section 5-6-35(a)(2) and (b) require an appeal in a legitimation or other domestic-relations case to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Mascorro v. Monjaraz · filed 2020-11-17(a)(2), (b)

A legitimation action is a domestic relations case, and an appeal in a domestic relations case must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Cloud v. Norwood, 321 Ga. App. 218, 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604, 604 (332 SE2d 48) (1985). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fitzgerald v. Department of Human Resources, 231 Ga. App. 129, 129 (497 SE2d 659) (1998). Mascorro’s failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Cloud, 321 Ga. App. at 218.

Section 5-6-35(a)(2) requires appeals from orders in domestic relations cases, including contempt orders, to be pursued by discretionary application.

Salvador Diaz-Verson, Jr. v. Diaz-Verson · filed 2020-11-18(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application.

Section 5-6-35(a)(2) and (b) require appeals from judgments or orders in domestic relations cases to be initiated through an application for discretionary review, and compliance with that procedure is jurisdictional.

Douresseaux v. Thomas · filed 2020-12-14(a)(2), (b)

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.1 OCGA § 5-6-35 (a) (2), (b). “Compliance with the discretionary appeals procedure is jurisdictional.”

Appeals in domestic-relations cases must be pursued by discretionary application, and compliance is jurisdictional.

Whittaker v. Gillis · filed 2021-07-23(a)(2)

Appeals from orders in domestic relations cases, including orders holding persons in contempt, must be pursued by discretionary application.

OCGA § 5-6-35(a)(2) generally requires a party seeking review of an order in a domestic relations case to file an application for discretionary appeal.

Sinclair-Jamison v. Pinkerton · filed 2021-09-07(a)(2)

A party seeking review of an order entered in a domestic relations case generally must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from divorce, alimony, and other domestic-relations judgments or orders to be filed by application for discretionary appeal.

Cargle v. Harvill · filed 2021-09-15(a)(2)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) and (b) requires appeals from domestic-relations contempt orders to proceed by discretionary application, and compliance with that procedure is jurisdictional.

Carnes v. Patterson · filed 2021-11-08(a)(2), (b)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. OCGA § 5-6-35 (a) (2), (b). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary review to initiate an appeal from a judgment or order in a divorce, alimony, or other domestic-relations case.

Stewart v. Stewart · filed 2021-11-08(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases,” however, must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b).

Section 5-6-35(a)(2) requires appeals from domestic-relations contempt orders to proceed by discretionary application.

Justice Queen Al-Ameen v. Robinson · filed 2021-11-19(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. ... El-Ameen’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (2) requires discretionary applications for appeals from domestic-relations orders, including orders holding or declining to hold a person in contempt.

Brown v. Brown · filed 2021-11-19(a)(2)

Appeals from orders in domestic relations cases, however, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application.

Section 5-6-35(a)(2) requires appeals from domestic-relations orders, including contempt orders, to proceed by discretionary application.

Corley v. Jackson · filed 2021-12-06(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to proceed by discretionary application.

Ibambasi v. Ibambasi · filed 2021-12-10(a)(2)

Second, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35 (a) (2) requires an application for discretionary appeal to challenge rulings in domestic-relations cases.

Yanes v. De Escobar · filed 2022-03-03(a)(2)

First, under OCGA § 5-6-35 (a) (2), an application for discretionary appeal is required to appeal rulings in domestic relations cases.

Section 5-6-35 (a)(2) requires an application for discretionary appeal from a judgment or order in a divorce, alimony, or other domestic-relations case.

Andrews v. Draper · filed 2022-03-09(a)(2)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Subsection (a)(2) requires a party seeking review in a domestic-relations case, including one involving family violence, to use the discretionary-appeal procedure.

Anitra Freeman v. Henderson · filed 2022-06-24(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain review in a domestic relations case, including those that involve family violence.

Subsection (a)(2) requires a party seeking review in a domestic-relations case, including a Family Violence Act action, to follow the discretionary-appeal procedures.

William Mabry, II v. Highsmith · filed 2022-06-28(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain review in a domestic relations case, including actions arising under the Family Violence Act.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

FRIZZELL v. TAMARA HARRIS F/K/A TAMARA HARRIS FRIZZELL · filed 2022-06-29(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Subsection (a)(2) requires appeals of orders in domestic relations cases, including actions arising under the Family Violence Act, to be initiated by an application for discretionary appeal.

Yevette B. Freeman v. Rauf · filed 2022-07-19(a)(2)

Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal.

Section 5-6-35 (a) (2) requires appeals from orders in domestic-relations cases to be taken by discretionary application, but that requirement does not apply to a stalking protective order outside the Family Violence Act.

April Dawn Golias v. Boyce · filed 2022-08-16(a)(2)

In Schmidt v. Schmidt, however, the Supreme Court found that a discretionary application was required to appeal a protective order if such order was entered under the Family Violence Act. 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60 (860 SE2d 543) (2021); see also OCGA § 5-6-35 (a) (2) (appeals from orders in domestic relations cases must be by discretionary application). ... Here, although Golias has a familial relationship with Boyce, the relationship is not one encompassed by the Family Violence Act. Under these circumstances, no application for discretionary appeal was required.

Section 5-6-35 (a) (2) requires appeals from domestic-relations orders, including contempt orders, to be brought by discretionary application.

Smith v. Baker · filed 2022-09-01(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a)(2) requires an application for discretionary appeal from a judgment or order in a divorce, alimony, or other domestic relations case.

FERDINAND FARLEY, SR. v. BRENDA PARHAM FARLEY N/K/A BRENDA PARHAM MURRAY · filed 2022-09-08(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. ... Farley’s failure to follow the requisite procedure deprives this Court of jurisdiction to consider this appeal.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be brought by application for discretionary appeal.

William Frank McAdoo, III v. McAdoo · filed 2022-09-23(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). The appellant’s failure to follow the discretionary appeals procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (2) requires appeals from judgments or orders in domestic-relations cases to be pursued by application for discretionary appeal.

Shareef v. Jones · filed 2022-10-04(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). The underlying action – a contempt petition from a divorce decree – is a domestic relations case that requires compliance with the discretionary appeal statute.

Section 5-6-35(a)(2) requires a discretionary-appeal application for an order or judgment in a divorce case, but compliance does not excuse the interlocutory-appeal requirements when the case remains pending.

Kamal v. Kamal · filed 2022-10-18(a)(2)

Ordinarily, a party seeking to appeal an order or judgment in a divorce case must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). However, based on the materials Kamal submitted in support of her emergency motion, it is clear that the case remains pending in the trial court and that a final judgment and divorce decree has not yet been entered. Consequently, to obtain appellate review at this time, Kamal must follow the interlocutory appeal procedures. See Shoenthal v. Shoenthal, 333 Ga. App. 729, 730 (776 SE2d 663) (2015). And because she seeks review of an interlocutory order, her compliance with the discretionary appeal statute, OCGA § 5-6-35, does not excuse her from failing to comply with the additional requirements of OCGA § 5-6-34 (b) for an interlocutory appeal. See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).

Section 5-6-35 (a)(2) and (b) require appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be initiated by an application for discretionary review.

Gonzalez v. Stevens · filed 2022-10-31(a)(2), (b)

“Appeals 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).

Subsection (a)(2) requires appeals of domestic-relations orders, including Family Violence Act orders, to be initiated by an application for discretionary appeal, and compliance with that procedure is jurisdictional.

Burke v. Sutherland-Burke · filed 2022-12-07(a)(2)

Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be made by application for discretionary appeal.

Boeninger v. Boeninger · filed 2023-01-09(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 requires appeals from divorce and other domestic-relations judgments or orders to proceed by discretionary application, which must be filed in an appellate court.

Blocker v. Blocker · filed 2023-01-24(a)(2), (d)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984). Here, Melvin filed a document titled “Notice of Appeal or in the Alternative Application for Direct Appeal.” Pursuant to OCGA § 5-6-35 (d), applications for discretionary appeal must be filed in an appellate court.

Section 5-6-35 (a) (2) requires a discretionary appeal application for appeals from judgments or orders in domestic relations cases when the appeal does not challenge the substantive custody ruling.

Barnes v. Barnes · filed 2023-01-25(a)(2)

Because custody is therefore not an issue on appeal in this domestic relations case under OCGA § 5-6-35 (a) (2), it is subject to the discretionary appeal application procedures and cannot be directly appealed pursuant to OCGA § 5-6-34 (a) (11).

Section 5-6-35 (a) (2) requires a party to seek discretionary appellate review of judgments or orders in divorce, alimony, and other domestic relations cases.

Paul v. Paul · filed 2023-02-07(a)(2)

Ordinarily, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984).

Section 5-6-35 (a) (2) requires a discretionary-appeal application for judgments or orders in divorce, alimony, and other domestic-relations cases, while interlocutory orders also require compliance with the interlocutory appeal procedures.

Hyde v. Amber Michelle Hyde · filed 2023-02-13(a)(2)

Ordinarily, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984). However, when the order specifically schedules an additional hearing and reserves the issue of attorney fees, it is not a final order. ... Therefore, in order to appeal the trial court’s order, Spencer Hyde was required to comply with the interlocutory procedures and obtain a certificate of immediate review. See OCGA § 5-6-34 (b); see also Miller v. Miller, 288 Ga. 274, 282 (4) (705 SE2d 839) (2010) (holding that there was no final judgment in a divorce action until the reserved issue of attorney fees was resolved); CitiFinancial Svcs., Inc. v. Holland, 310 Ga. App. 480, 481 (713 SE2d 678) (2011). Parties seeking appellate review from an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute.

Section 5-6-35 requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be initiated by an application for discretionary appeal, with the application filed in an appellate court.

Adkins v. Adkins · filed 2023-02-21(a)(2), (b), (d)

Moreover, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (2), (b). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” ... Pursuant to OCGA § 5-6-35 (d), applications for discretionary appeal must be filed in an appellate court.

Section 5-6-35 requires appeals in domestic-relations cases to be initiated by an application for discretionary review.

Fountain v. Charlena S. Reeves · filed 2023-02-28(a)(2), (b)

Moreover, a legitimation action is a domestic relations case, and an appeal in a domestic relations case must also be initiated by filing an application for discretionary review.

Subsection (a)(2) requires a discretionary-appeal application to appeal orders in domestic-relations cases, including Family Violence Act proceedings.

White v. Pearline D. White · filed 2023-03-02(a)(2)

However, an application for discretionary appeal is required to appeal orders in domestic relations cases, which include actions arising under the Family Violence Act, OCGA § 19-13-1 et seq. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35 (a)(2) and (b) require appeals from divorce and other domestic-relations judgments or orders to proceed by discretionary application, and compliance with that procedure is jurisdictional.

Ursu v. Ursu · filed 2023-03-06(a)(2), (b)

“Appeals 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). “Compliance with the discretionary appeals procedure is jurisdictional.” ... Because this is a domestic relations case, Mircea Ursu was required to comply with the discretionary appeal procedure to obtain review of the trial court’s order denying his motion. His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Adkins v. Murphy · filed 2023-03-08(a)(2)

Furthermore, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires a discretionary-appeal application for appeals in domestic-relations cases, including orders holding or declining to hold a person in contempt.

Hickey v. Campbell · filed 2023-04-26(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). The underlying action – a contempt petition from a divorce decree – is a domestic relations case that requires compliance with the discretionary appeal statute.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Jones v. Jones · filed 2023-05-03(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “Compliance with the discretionary appeals procedure is jurisdictional.”

Subsection (a)(2) requires an application for discretionary appeal to initiate an appeal from a trial court order entered in a domestic relations case.

Culmer v. Dormezil · filed 2023-05-09(a)(2)

An appeal from a trial court order entered in a domestic relations case must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Moua v. Ly · filed 2023-05-09(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). ... Moua’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal. See id.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Bhatti v. Bhatti · filed 2023-05-23(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal.

Section 5-6-35 requires discretionary-appeal applications for appeals from divorce and other domestic-relations judgments and for denials of motions to set aside final judgments.

Franklin v. Edmonds · filed 2023-06-12(a)(2) and (a)(8)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 also must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(2) requires appeals of orders in domestic-relations cases, including Family Violence Act actions, to be initiated by an application for discretionary appeal.

Russell v. Russell · filed 2023-07-10(a)(2)

Moreover, appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35(a)(2) and (a)(10) require discretionary-appeal applications for appeals from specified domestic-relations contempt orders and attorney-fee awards.

Ricky Byrd, Sr. v. Byrd · filed 2023-07-27(a)(2), (a)(10)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984) (a contempt petition from a divorce decree is a domestic relations case that requires compliance with the discretionary appeal statute). Appeals of attorney fees awards under OCGA § 9-15-14 must also be made by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Subsection (a)(2) requires an application for discretionary appeal in domestic-relations cases, including appeals from orders holding or declining to hold a person in contempt.

Day v. Kristina Marie Day McCarthney · filed 2023-08-10(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” of such orders must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires a discretionary application to initiate an appeal in a domestic-relations matter arising from a divorce decree when child custody is not at issue, and compliance with that procedure is jurisdictional.

McKee v. Baggett · filed 2023-07-10(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be initiated by filing an application for discretionary review. ... Compliance with the discretionary appeals procedure is jurisdictional. ... Accordingly, McKee’s failure to comply with the discretionary application procedures set forth in OCGA § 5-6-35 deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (2) requires an application for discretionary appeal in domestic relations cases, including cases involving the collection of child support.

TALLEY v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., JACOURI KEEVON ALLEN · filed 2023-08-22(a)(2)

OCGA § 5-6-35 (a) (2) provides that appeals in “domestic relations cases” must be brought by application for discretionary appeal. Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Lafavor v. Lafavor · filed 2023-08-23(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to proceed by application for discretionary appeal.

Richard Grant, Jr. v. Willard · filed 2023-09-06(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) requires a party to seek a discretionary appeal from a judgment or order in a divorce, alimony, or other domestic relations case.

Dawn McLain v. Anderson · filed 2023-09-06(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (2); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application). ... Here, McLain does not challenge the trial court’s custody ruling. Accordingly, the case is not directly appealable pursuant to OCGA § 5-6-34 (a) (11), and McLain’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal.

Section 5-6-35 (a)(2) requires appeals of orders in domestic-relations cases, including Family Violence Act actions, to be initiated by an application for discretionary appeal.

Lafavor v. Lafavor · filed 2023-09-11(a)(2)

However, appeals of orders in domestic relations cases — including actions arising under the Family Violence Act, OCGA § 19-13-1 et seq. — must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021). “Compliance with the discretionary appeals procedure is jurisdictional.”

Subsection (a)(2) requires an application for discretionary appeal from judgments or orders in divorce, alimony, and other domestic relations cases.

Lafavor v. Lafavor · filed 2023-09-11(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Subsection (a)(2) requires appeals from orders in domestic relations cases to be brought by discretionary application.

Haarstad v. McGhee · filed 2023-09-19(a)(2)

However, a discretionary application is required to appeal a protective order if such order was entered under the Family Violence Act because such cases are domestic relations cases within the meaning of OCGA § 5-6- 35 (a) (2).

Subsection (a)(2) requires appeals from orders in divorce and other domestic relations cases, including orders holding persons in contempt, to be pursued by discretionary application.

Alsahlani v. Sayhoud · filed 2023-09-21(a)(2)

Appeals from orders in divorce and other domestic relations cases, including orders holding persons in contempt, must be pursued by discretionary application.

Subsection (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to proceed by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Wright v. Wright · filed 2023-09-27(a)(2)

Second, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(2) requires an application for discretionary appeal when the judgment or order arises in a divorce, alimony, or other domestic-relations case.

Cothran v. Pellum · filed 2023-09-27(a)(2)

And where, as here, a party makes a claim against his former spouse based on rights that were established in a settlement agreement and incorporated into a divorce decree, “the case involves domestic relations and compliance with OCGA § 5-6-35 is the exclusive means by which to appeal.”

Appeals from orders in domestic-relations cases, including Family Violence Act actions, must be initiated through an application for discretionary review.

Sims v. Maddox · filed 2023-11-13(a)(2), (b)

Second, appeals of orders in domestic relations cases — including actions arising under the Family Violence Act — must be initiated by filing an application for discretionary review.

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Lee v. Lee · filed 2023-12-04(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). The appellant’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a)(2) requires a party seeking review of a domestic-relations case, including a family-violence case, to use the discretionary-appeal procedures.

Scott v. Asirifi · filed 2023-12-07(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain review in a domestic relations case, including those that involve family violence.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Barnes v. Weiske · filed 2023-12-22(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 generally requires discretionary applications for domestic-relations appeals, but when a child-custody order is directly appealable, the Court of Appeals grants a timely application and gives the applicant ten days to file a notice of appeal.

Johnson v. Bellamy · filed 2023-12-29(a)(2), (g), (j)

Ordinarily, appeals of orders in domestic relations cases must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). However, under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody” are directly appealable. Here, Bellamy filed a motion to modify the parties' custody arrangements and now Johnson challenges the trial court's order revising the parties' parenting plan and custody determination, so this case is subject to direct appeal. See Voyles v. Voyles, 301 Ga. 44, 46-47 (799 SE2d 160) (2017) (explaining that appellate courts examine the issue raised on appeal to determine whether a party is entitled to a direct appeal). This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, Johnson’s application is GRANTED. Johnson shall have ten days from the date of this order to file a notice of appeal with the trial court, if she has not already done so. See OCGA § 5-6-35 (g).

Section 5-6-35(a)(2) requires an application for discretionary appeal before appealing an order in a domestic-relations case, including an action under the Family Violence Act.

Jones v. Roberts · filed 2024-01-16(a)(2)

An application for discretionary appeal is required to appeal orders in domestic relations cases, including actions arising under the Family Violence Act, OCGA § 19-13-1 et seq. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Johnson v. Johnson · filed 2024-01-24(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2), (a) (9), and (a) (6) require a discretionary application for appeals in domestic-relations cases, from temporary restraining-order rulings, and in damages actions where the judgment is $10,000 or less.

Azizan v. Hajianbarzi · filed 2023-10-25(a)(2), (a)(9), (a)(6)

Here, a discretionary application was required to appeal the order dismissing Azizan’s petition and the attendant fee award.

Section 5-6-35(a)(2) requires an appeal from a judgment or order in a divorce, alimony, or other domestic relations case to be made by application for discretionary appeal.

Wu v. Jia · filed 2024-02-14(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). And “where, as here, the underlying subject matter of a lawsuit relates to such rights and obligations [created by an incorporated settlement agreement], and the parties are the ex-spouses . . . the case involves domestic relations and compliance with OCGA § 5-6-35 is the exclusive means by which to appeal the final order in the action.”