Ga. Code Ann. § 5-6-35

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

Johnson v. Johnson · filed 2024-04-17(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 an application for discretionary appeal from an order in an equitable caregiver matter because the equitable caregiver statute is part of the domestic-relations statutory scheme.

Hartman v. De Caro · filed 2024-04-25(a)(2)

Generally, appeals from orders in “domestic relations cases” must be pursued through an application for discretionary appeal. OCGA § 5-6-35 (a) (2). The equitable caregiver statute, OCGA § 19-7-3.1, falls under the “domestic relations” statutory scheme. See OCGA § 19-7-3.1; see also Teasley v. Clark, 361 Ga. App. 721, 724 (4) (865 SE2d 556) (2021) (the equitable caregiver statute is a domestic relations statute). Thereby, an appeal of an order in an equitable caregiver matter must be filed through an application for discretionary appeal.

Section 5-6-35 requires a discretionary-review application for appeals in domestic-relations cases, including paternity and child-support cases.

CHARLIE SHY v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex Rel., CAIRO SHY · filed 2024-05-01(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). Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35 requires an application for discretionary review for appeals from judgments or orders in domestic-relations cases, including an appeal from an award of attorney fees.

Cunningham v. McDaniel · filed 2024-05-16(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). ... Rather, it remains a domestic relations case in which an application for discretionary appeal is required. See Davidson v. Callaway, 274 Ga. 813, 814 (559 SE2d 728) (2002) (“[I]n all domestic relations cases, an appeal from an award of attorney fees must come to this Court via the discretionary appeal procedures set forth in OCGA § 5-6-35.”).

Section 5-6-35 requires appeals of domestic-relations orders, including Family Violence Act orders, to be initiated by an application for discretionary review.

Karanja v. Karanja · filed 2024-06-24(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 review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

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

Darryl P. Butler v. Tabatha P. Butler · filed 2024-07-03(a)(2), (a)(8)

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). Third, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) 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). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Georgia, 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (punctuation omitted); Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Darryl Butler’s failure to follow the discretionary appeals procedure also deprives us of jurisdiction over this direct appeal.

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

King v. Raquel King · filed 2024-07-19(a)(2), (b)

Second, even if the trial court’s order were final, “[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). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Schiffman v. Schiffman · filed 2024-08-05(a)(2), (b)

Ordinarily, 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). In this case, however, the order denying the motion to recuse is not a final order. See Murphy v. Murphy, 322 Ga. App. 829, 830 (747 SE2d 21) (2013). Therefore, in order to appeal the trial court’s order, Brian was required to comply with the interlocutory appeal procedure and obtain a certificate of immediate review. OCGA § 5-6-34 (b). Parties seeking appellate review from an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute. See generally Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d 213) (1996).

Section 5-6-35 requires discretionary review applications for appeals in domestic-relations cases, including child-support collection matters, and for orders granting or denying OCGA § 9-15-14 attorney fees.

Winfrey v. Winfrey · filed 2024-08-28(a)(2), (a)(10), (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. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute and Reginald was required to file a discretionary application. See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 426-427 (731 SE2d 110) (2012). Second, an appeal from a trial court order granting or denying a request for OCGA § 9-15-14 attorney fees must also be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

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

Johnson v. Johnson · filed 2024-09-09(a)(2)

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

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

Akturk v. Akturk · filed 2024-09-17(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). Because this is a domestic relations case within the meaning of the statute, compliance with the discretionary appeal statute is required in order to 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.

Hall v. Hall · filed 2024-09-19(a)(2)

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

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

Crumpton v. Crumpton · filed 2024-10-02(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); see Evans v. Jackson, 368 Ga. App. 170, 173 (1) (b) (889 SE2d 343) (2023).

Section 5-6-35(a)(2) requires a discretionary-review application for domestic-relations appeals that do not involve child custody.

Johnson v. Johnson · filed 2024-10-04(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. 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); Barnes v. Barnes, 361 Ga. App. 279, 280 (864 SE2d 119) (2021) (same).

Section 5-6-35 (a) (2) requires discretionary-appeal applications for appeals from divorce, alimony, and other domestic-relations orders, including contempt orders.

Miguel A.cossio v. Cossio · filed 2024-11-01(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) and (b) require an application for discretionary review of appeals from judgments or orders in domestic-relations cases.

Danny Hicks, Jr. v. Georgia Department of Human Services, Ex. Rel., Brooklynn Hicks · filed 2024-11-13(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). Accordingly, Hicks was required to comply with the discretionary appeal procedure to obtain review of the trial court’s order. 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 orders in domestic relations cases to be pursued by discretionary application.

Jimenez v. Menke · filed 2024-11-14(a)(2)

Appeals from orders in domestic relations cases must be pursued by discretionary application.1 See OCGA § 5-6-35 (a) (2).

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

Cannon v. Cannon · filed 2024-11-27(a)(2), (b)

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.

Section 5-6-35 requires an application for discretionary review of appeals from domestic-relations orders involving contempt and of orders awarding attorney fees under OCGA § 9-15-14.

Williams v. Harris · filed 2024-12-04(a)(2), (b), and (a)(10), (b)

First, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases, including . . . holding or declining to hold persons in contempt” must be made by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b). ... Likewise, appeals from orders awarding attorney fees under OCGA § 9-15-14 require an application for discretionary appeal. See OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 (a)(2) requires a party seeking appellate review of an order or judgment in a domestic relations case, including a family-violence matter, to use the discretionary appeal procedure.

Mason v. Cicely Mason · filed 2024-12-11(a)(2)

Under OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedure to obtain appellate review of orders or judgments in domestic relations cases, including those involving family violence.

Section 5-6-35(a)(2) requires a discretionary-appeal application for contempt orders in domestic-relations cases, while subsection (j) permits granting an otherwise timely application when the order is directly appealable.

Onibudo v. Hoffner · filed 2025-01-02(a)(2), (j)

Because the trial court’s protective order did not fall within the Family Violence Act, the action for contempt arising from the violation of that order was not a domestic relations action subject to OCGA § 5-6-35 (a) (2). ... This Court will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

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

Yarbrough v. Ware · filed 2025-01-23(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 the underlying case involved Yarbrough’s attempt to set aside a divorce decree, the case is a domestic relations case within the meaning of the statute. See Steele v. Niggelie, 163 Ga. App. 98, 98 (293 SE2d 368) (1982).

Section 5-6-35 (a) (2) requires appeals in paternity and child-support cases, as domestic relations cases, to be initiated by an application for discretionary review.

BOOKER v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., AUTUMN BALDWIN · filed 2025-01-24(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). Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 110) (2012) (an action in which the “underlying subject matter is a father’s obligation to provide child support” is “a domestic relations case subject to review only by application”); Brown v. Dept. of Human Resources, 204 Ga. App. 27, 27 (418 SE2d 404) (1992) (“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) requires appeals from domestic-relations orders, including contempt orders, to be pursued by discretionary application.

Rich P. Successful v. Pearson · filed 2025-02-12(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 a party seeking appellate review in a domestic-relations case to use the discretionary-appeal procedure.

Rodgers v. Rodgers · filed 2025-02-24(a)(2)

Under OCGA § 5-6-35 (a) (2), a party seeking appellate review in a domestic relations case must follow the discretionary appeal procedures.

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

Gotham v. Hyser · filed 2025-03-19(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). Because Hyser seeks to modify alimony, this is a domestic relations case within the meaning of the statute, and compliance with the discretionary appeal statute is therefore required in order to appeal.

Subsection (a)(2) requires discretionary applications for appeals from domestic-relations orders, including contempt orders.

Kebe v. Kebe · filed 2025-04-01(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).

Subsection (a)(2), together with subsection (b), requires an application for discretionary review of an appeal from a domestic-relations order holding or declining to hold a person in contempt.

Robert Gene Collum, III v. Buchanan · filed 2025-04-10(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases, including . . . [rulings] holding or declining to hold persons in contempt” must be made by filing an application for discretionary review.

Section 5-6-35 requires an application for discretionary review for appeals from domestic-relations judgments or orders involving contempt.

Johnson v. King · filed 2025-04-21(a)(2), (b)

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

Section 5-6-35 requires a discretionary-review application to initiate an appeal in a domestic-relations case, including a legitimation action, when the appeal does not challenge a child-custody ruling.

Anderson v. Green · filed 2025-04-22(a)(2), (b)

As a general rule, appeals in domestic relations cases — including legitimation actions — must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450) (2013). ... Under these circumstances, Anderson was required to file a discretionary application. See Voyles, 301 Ga. at 47; OCGA § 5-6-35 (a) (2), (b).

Subsections (a)(2) and (b) require appeals of orders in domestic relations cases, including Family Violence Act actions, to begin with an application for discretionary review.

Estime v. Funk · filed 2025-04-29(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 review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35 (a)(2) requires an application for discretionary appeal when an appeal arises substantively from a domestic-relations case.

Harkness v. Harkness · filed 2025-05-01(a)(2)

Appeals from orders entered in domestic relations cases must come by application for discretionary review. See OCGA § 5-6-35 (a) (2). ... Here, in substance, Daniel’s complaint was an attempt to relitigate the underlying domestic relations case between the parties. As such, in order to appeal, Daniel was required to file an application for discretionary appeal under 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.

Harkness v. Harkness · filed 2025-05-06(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 application for discretionary appeal when challenging a domestic-relations order, including an order holding or declining to hold a person in contempt.

Hardy v. Coleman · filed 2025-06-04(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 appeals from domestic-relations cases, including dating-violence protective-order appeals, to be initiated by discretionary application.

Phaneuf v. Anthony · filed 2025-06-05(a)(2)

Accordingly, we conclude that the statutory scheme requires that appeals from dating violence protective orders are in the nature of domestic relations cases, and must be initiated by filing an application for discretionary appeal.

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

Sonnier v. Chatmon · filed 2025-06-05(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); see Norman v. Ault, 287 Ga. 324, 330-331 (6) (695 SE2d 633) (2010). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and punctuation omitted). Because Sonnier failed to file an application for discretionary appeal, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (2) and (b) generally require a discretionary-review application for appeals from divorce, alimony, and other domestic-relations orders, including contempt orders.

Laiz v. Laiz · filed 2025-06-06(a)(2), (b)

Ordinarily, 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 initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b).

Section 5-6-35 requires appeals from divorce and other domestic-relations judgments to be initiated through an application for discretionary review.

Ja'von Walker v. Tammy Walker · filed 2025-06-09(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. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires appeals from domestic-relations judgments or orders holding or declining to hold a person in contempt to be brought by application for discretionary appeal.

Davis Jr. v. Davis · filed 2025-06-25(a)(2), (b)

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), (b).

Section 5-6-35 requires a discretionary-appeal application for appeals from domestic-relations orders holding or declining to hold a person in contempt.

Washington v. Ballard · filed 2025-06-25(a)(2), (b)

Appeals from judgments or orders in domestic relations cases including orders “holding or declining to hold persons in contempt” must be made by application for discretionary appeal.

Section 5-6-35 requires an application for discretionary review to initiate appeals from domestic-relations orders, including contempt orders, and compliance is jurisdictional.

Cynthia Sharon Guevara Rios v. Rios · filed 2025-06-26(a)(2), (b)

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 initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b); see Evans v. Jackson, 368 Ga. App. 170, 173 (1) (b) (889 SE2d 343) (2023). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 requires an application for discretionary appeal from domestic-relations judgments or orders, including orders holding or declining to hold a person in contempt.

Johnson v. Johnson · filed 2025-06-30(a)(2), (b)

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

Section 5-6-35(a)(2) and (b) require appeals of orders in domestic relations cases, including actions under the Family Violence Act, to be initiated by filing an application for discretionary review.

Houston v. Campbell · filed 2025-07-01(a)(2), (b)

First, 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. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

In a domestic-relations case, an appeal concerning orders that do not involve child-custody rulings must be initiated by discretionary application under § 5-6-35.

Piechoczek v. Milton · filed 2025-07-11(a)(2), (b)

As a general rule, appeals in domestic relations cases must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody orders, when the order at issue on appeal does not involve child custody rulings, the appeal in a domestic relations case must be brought by discretionary application.

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

Hatcher v. Boswell · filed 2025-07-31(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 requires a discretionary-review application for appeals in domestic-relations cases and for certain orders, including denials of motions to set aside judgments and attorney-fee awards.

Curry v. Curry · filed 2025-07-14(a)(2), (a)(8), (a)(10), and (b)

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

Section 5-6-35 generally requires a discretionary-appeal application for domestic-relations orders, requires granting a timely application when the order is directly appealable, and allows ten days to file the notice of appeal after the order granting review.

Lafavor v. Lafavor · filed 2025-08-14(a)(2), (j), and (g)

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). ... This Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). ... Husband shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. See OCGA § 5-6-35 (g).

Section 5-6-35 requires an application for discretionary appeal from a domestic-relations order holding or declining to hold a person in contempt.

Goins v. Davis · filed 2025-08-22(a)(2), (b)

Appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal.

Section 5-6-35(a)(2) and (b) requires appeals from divorce and other domestic-relations judgments or orders to be initiated through the discretionary-review application procedure.

Thomas v. Thomas · filed 2025-08-26(a)(2), (b)

We, however, lack jurisdiction because “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review.

Subsections (a)(2) and (b) require appeals from divorce and other domestic-relations judgments or orders to be initiated by an application for discretionary review.

Ramsey v. Ramsey · filed 2025-08-27(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.

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

Smith v. Florette Smith · filed 2025-09-02(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 review. ... Gregory’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 divorce, alimony, and other domestic relations cases to be pursued through the discretionary-appeal application procedure.

Talbert v. Udwin · filed 2025-09-09(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). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (2) requires a party to use the discretionary-appeal application procedure when an appeal from a domestic-relations order does not directly challenge child custody.

Theodore Gray, II v. Bailey · filed 2025-09-12(a)(2)

As custody is therefore not an issue on appeal in this domestic relations case under OCGA § 5-6-35 (a) (2) and as Gray failed to follow the discretionary application procedures set out in OCGA § 5-6-35, we hereby DISMISS this appeal.

Section 5-6-35 requires appeals from orders in domestic-relations cases, including contempt orders, to be initiated through an application for discretionary review, and compliance is jurisdictional.

Ngalula v. Letunita · filed 2025-09-19(a)(2), (b)

Appeals from orders in “divorce, alimony, and other domestic relations cases,” including orders holding persons in contempt of such orders, must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b); see Evans v. Jackson, 368 Ga. App. 170, 173 (1) (b) (889 SE2d 343) (2023). Compliance with the discretionary appeals procedure is jurisdictional. Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021).

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.

Kevin Donnell James, Sr. v. Anderson-James · filed 2025-09-29(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). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires appeals from orders in divorce cases to be initiated by filing an application for discretionary review.

Gamble v. Jackson · filed 2025-10-14(a)(2), (b)

However, appeals from orders in divorce cases must be initiated by filing an application for discretionary review.

Section 5-6-35 requires appeals from orders in divorce, alimony, and other domestic relations cases, including challenges to contempt rulings and child-custody determinations, to be initiated by an application for discretionary review.

Clarke v. Clarke · filed 2025-10-23(a)(2), (b)

Appeals from 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).

Section 5-6-35(a)(2) and (b) require appeals from domestic-relations judgments or orders, including contempt orders, to proceed by application for discretionary appeal.

Scott v. Precious Anderson · filed 2025-10-31(a)(2), (b)

Appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal.

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

Dean v. Dean · filed 2025-11-05(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).

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

BOEHM v. NORDER · filed 2025-11-20(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 appeal. OCGA § 5-6-35 (a) (2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450) (2013). Compliance with the discretionary appeals procedure is jurisdictional, and failure to comply with that procedure requires dismissal of the appeal.

Section 5-6-35 requires an application for discretionary appeal from domestic-relations judgments or orders, including orders holding or declining to hold a person in contempt.

Davis-Brown v. Lawrence Brown, Jr. · filed 2025-12-03(a)(2), (b)

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

Section 5-6-35(a)(2) requires an application for discretionary review for appeals from judgments or orders in domestic relations cases, including paternity and child-support cases.

LOWE v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., LONDYN LOWE · filed 2025-12-04(a)(2)

Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of OCGA § 5-6-35(a)(2).

Section 5-6-35 requires an application for discretionary appeal when appealing a domestic-relations judgment or order that holds or declines to hold a person in contempt.

Quintez Martin v. Griffith · filed 2025-12-05(a)(2), (b)

However, appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal. See OCGA § 5-6-35(a)(2), (b).

Section 5-6-35(a)(2) requires discretionary review for appeals in domestic-relations cases such as paternity and child-support proceedings, and subsection (d) requires the application to be filed with the clerk of the Supreme Court or Court of Appeals.

Morgan v. Darnell Sexton · filed 2025-12-08(a)(2), (d)

Because this case involves paternity and child support, it is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). ... Although Morgan included with her notice of appeal a copy of a document entitled “Application for Discretionary Appeal,” she filed this document in the trial court, rather than in this Court. See OCGA § 5-6-35 (d) (an application for discretionary review “shall be filed with the clerk of the Supreme Court or the Court of Appeals”). ... Morgan’s failure to comply with the discretionary appeals procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Reyes v. Reyes · filed 2026-01-06(a)(2), (b)

However, appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal. See OCGA § 5-6-35(a)(2), (b).

Section 5-6-35 requires appeals from domestic-relations judgments or orders, including contempt orders, to be brought by application for discretionary appeal.

Hudgens v. Mansu · filed 2026-01-16(a)(2), (b)

However, appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” 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 made by application for discretionary appeal, and compliance is jurisdictional.

Mistee Dawn Rowland v. Braun · filed 2026-01-22(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).

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

Tynan v. Tynan · filed 2026-01-07(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). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, the husband failed to file an application for discretionary appeal, and thus, we do not have jurisdiction over this direct appeal. Accordingly, this appeal is hereby DISMISSED.

In domestic-relations cases, including contempt orders, § 5-6-35 requires an application for discretionary review rather than a direct appeal.

Fatai v. Fatai · filed 2026-02-02(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases,” including orders holding persons in contempt of such orders, 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, 540-41 (916 SE2d 738) (2025). “Compliance with the discretionary appeals procedure is jurisdictional.” Id. at 541.

Section 5-6-35(a)(2) requires a discretionary application for an appeal from a judgment or order in a domestic-relations case when the issue raised is not custody.

Ramsey v. Allen · filed 2026-02-05(a)(2)

Although OCGA § 5-6-34(a)(11) permits direct appeals from judgments or orders in child custody cases, OCGA § 5-6-35(a)(2) requires a discretionary application from “judgments or orders in divorce, alimony, and other domestic relations cases[.]”1 (Emphasis supplied.) ... Custody is, therefore, not an issue on appeal in this domestic relations action, and Ramsey was required to comply with our discretionary appeal procedure.

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

Gino Miller v. Adams · filed 2026-02-17(a)(2), (b)

As a general rule, appeals in domestic relations cases — including legitimation actions — must be initiated by filing an application for discretionary review. See OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450) (2013).

Section 5-6-35 requires appeals in domestic relations cases, including legitimation actions, to be initiated by an application for discretionary appeal.

Schunk v. Toney · filed 2026-03-02(a)(2), (b)

A legitimation action is a domestic relations case, and appeals in domestic relations cases must be initiated by filing an application for discretionary appeal.

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

Flowers v. Flowers · filed 2026-03-03(a)(2), (b)

However, 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), (b).

Section 5-6-35(a)(2) and (b) require 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.

Geimah v. Geimah · filed 2026-03-05(a)(2), (b)

However, 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), (b). Compliance with the discretionary appeals procedure is jurisdictional.

Section 5-6-35(a)(2) and (b) require appeals of domestic-relations orders, including Family Violence Act orders, to begin with an application for discretionary review.

Christopher v. Christopher · filed 2026-03-13(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 review. See OCGA § 5-6-35(a)(2), (b).

Section 5-6-35(a)(2) requires an application for discretionary review for appeals from orders in domestic-relations cases, and child-support collection is a domestic-relations case for that purpose.

TOMMY MARTIN v. GEORGIA DEPARTMENT OF HUMAN SERVICESch · filed 2026-04-02(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. ... Because this case involves the collection of child support, it is a domestic relations case within the meaning of 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.

Davis v. Jo · filed 2026-04-06(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).

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

Anene v. Eve Nwoekabia · filed 2026-04-07(a)(2), (b)

However, 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), (b). Compliance with the discretionary appeals procedure is jurisdictional.

Section 5-6-35 (a)(2) and (b) require appeals from orders in divorce, alimony, and other domestic relations cases to begin with an application for discretionary review, and compliance with that procedure is jurisdictional.

Sharifian v. Ashraf Sadat Safari · filed 2026-04-13(a)(2), (b)

Appeals from 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 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.

Awofadeju v. Akinla · filed 2026-04-22(a)(2), (b)

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), (b). Compliance with the discretionary appeals procedure is jurisdictional.

Section 5-6-35 requires an application for appeal when the underlying subject matter falls within the statute's listed categories, including divorce and domestic-relations cases.

Revenko v. White · filed 2026-04-27(a)(2)

Thus, even in situations where a trial court issues an order that is procedurally subject to direct appellate review, “an application for appeal is required when the ‘underlying subject matter’ is listed in OCGA § 5-6-35(a).”

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

Krupa v. McLane · filed 2026-04-27(a)(2), (b)

Pretermitting the argument McLane raises that Krupa’s pro se notice of appeal was a nullity because she was represented by counsel, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. ... Compliance with the discretionary appeals procedure is jurisdictional.

Subsection (a)(2) requires a discretionary application to appeal an order involving the Family Violence Act because such cases are domestic relations cases.

MacEk v. MacEk · filed 2026-05-04(a)(2)

And an application for discretionary appeal is required to appeal when the order involves the Family Violence Act because such cases are domestic relations cases within the meaning of OCGA § 5-6- 35(a)(2).

Section 5-6-35(a)(2) and (b) require appeals from judgments or orders in domestic relations cases, including contempt orders, to be brought by application for discretionary appeal.

Daugherty v. Woodard · filed 2026-05-05(a)(2), (b)

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

Appeals from orders in divorce, alimony, and other domestic-relations cases must be initiated through an application for discretionary review, and compliance with that procedure is jurisdictional.

Paul v. Paul · filed 2026-05-12(a)(2), (b)

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

Growe v. Reddish · filed 2026-05-18(a)(2), (b)

However, 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), (b).

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

Ramsey v. Ramsey · filed 2026-05-29(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); see Onyemobi v. Onyemobi, 375 Ga. App. 538, 540-541 (916 SE2d 738) (2025). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Ramsey’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) generally requires a discretionary appeal application to challenge an order in a domestic-relations case when the order does not award, refuse to change, or modify child custody.

Harrison v. Geiger · filed 2026-06-02(a)(2)

An application for discretionary appeal is generally required to appeal an order entered in a domestic relations case. See OCGA § 5-6-35(a)(2). Under OCGA § 5-6-34(a)(11), however, a direct appeal is permitted from “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders.” Here, the trial court did not reach the merits of the custody petition in light of its determination that it lacked jurisdiction. Because there was no custody ruling, a discretionary application was required to appeal the threshold issue of jurisdiction.

Section 5-6-35 requires an application for discretionary appeal for appeals of domestic-relations orders, including actions arising under the Family Violence Act.

Gregory Van Lennep Frasch v. Cartledge · filed 2026-06-04(a)(2), (b), (d)

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 in the appellate court.

Section 5-6-35 requires appeals of orders in domestic relations cases, including Family Violence Act actions, to begin with an application for discretionary appeal.

Melvin Hyman, III v. Chrisie v. Wilson · filed 2026-06-08(a)(2), (b), (d)

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 in the appellate court.

Section 5-6-35(a)(2) and (b) requires appeals from domestic-relations judgments or orders holding or declining to hold a person in contempt to be taken by application for discretionary appeal.

Fulks v. Charissa M. White · filed 2026-06-16(a)(2), (b)

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

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

Fitzgibbon v. Fitzgibbon · filed 2026-06-22(a)(2), (b)

However, 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), (b).

Section 5-6-35(a)(2) and (b) require an application for discretionary appeal from a domestic-relations order holding or declining to hold a person in contempt, and compliance is jurisdictional.

Merle Long v. Leisa Long · filed 2026-06-22(a)(2), (b)

Appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal. 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.”

Appeals of domestic relations orders, including Family Violence Act orders, must be initiated through the discretionary-appeal procedure; compliance is jurisdictional.

Hauf v. Hauf · filed 2019-12-24(a)(2), (b)

However, 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.”

Section 5-6-35(a)(2) requires a discretionary appeal for judgments or orders in divorce, alimony, and other domestic relations cases, including domestication of a divorce decree.

O'Halloran v. O'Halloran · filed 2019-12-24(a)(2)

Compliance with the discretionary appeals procedure is required in “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases.” OCGA § 5-6-35 (a) (2). A case involving the domestication of a divorce decree constitutes a “domestic relations” case within the meaning of OCGA § 5-6-35 (a) (2).

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

In the Interest of K. P., a Child (Mother) · filed 2019-12-24(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. 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).

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

Odion v. Department of Human Services · filed 2019-12-24(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 in domestic relations matters that do not involve child custody, including contempt orders, to be pursued by discretionary application, and subsection (b) sets the applicable procedure.

Pham v. Ngo · filed 2021-05-12(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). ... Appeals in such matters, 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 judgments or orders in divorce, alimony, and other domestic relations cases to be made by application for discretionary appeal.

Lewis v. Lewis · filed 2024-08-30(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 discretionary review for contempt or other domestic relations cases; a direct appeal in such a case must be dismissed.

Elmore v. Elmore · filed 1985-11-15(a)(2)

This court having previously held that a case of this type is a “contempt” or “other domestic relations” case within the purview of OCGA § 5-6-35 (a) (2) (see Lewis v. Robinson, 176 Ga. App. 374 (336 SE2d 280)), it follows that the present appeal must be dismissed.

Section 5-6-35(a)(2) requires an application to appeal a legitimation order, even when the order incorporates a parenting plan.

Cloud v. Norwood · filed 2013-03-08(a)(2)

Here, although the order appealed from expressly incorporates by reference an earlier parenting plan order, the “underlying subject matter” of the appeal — legitimation — must be brought by application under OCGA § 5-6-35(a)(2).

Appeals from judgments or orders in divorce, alimony, and other domestic relations cases require an application for discretionary appeal; a direct appeal must be dismissed for lack of jurisdiction.

Marcus v. Sylvester Marcus, Sr. · filed 2020-04-03(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). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Accordingly, we lack jurisdiction to consider this direct appeal, which is hereby DISMISSED.

Section 5-6-35 requires an appellant to satisfy its appellate-review requisites before pursuing an appeal from a nonfinal judgment.

Sidwell v. Wheeler · filed 1986-04-10

Hence, where the action remains pending in the court below and no entry of finality of judgment has been made by the trial court, the appeal is premature unless appellant follows the requisites of OCGA § 5-6-35.

Section 5-6-35 requires an appellant seeking review of a nonfinal judgment to comply with the statute’s application-and-permission procedure.

Georgia American Insurance v. Mills · filed 1987-06-24

“Hence, where the action remains pending in the court below and no entry of finality of judgment has been made by the trial court, the appeal is premature unless appellant follows the requisites of OCGA § 5-6-35.”

Section 5-6-35(a)(11) requires a discretionary appeal from a judgment in a de novo proceeding reviewing a magistrate court judgment.

Oak Mountain Golf v. Oak Mountain Championship · filed 2012-06-08(a)(11)

This is a direct appeal from a judgment in a de novo proceeding in the state court reviewing a magistrate court judgment. Because this appeal was required to be brought pursuant to the procedures governing discretionary appeals, and the Appellant failed to follow those procedures, this Court lacks jurisdiction, and the direct appeal must be dismissed.

An appeal from an order denying a legitimation petition requires the discretionary appeal procedure.

In the Interest of C. M. L. · filed 2003-03-21(a)(2)

Hill failed to comply with the discretionary procedures to appeal from an order denying a legitimation petition as required by OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(1) and (a)(2) were substantially enlarged in 1984 to cover additional subject matter, creating uncertainty about whether a legitimation appeal had to use the discretionary route.

Noggle v. Arnold · filed 1985-12-04(a)(1), (2)

OCGA § 5-6-35 was amended in 1984 and, among other things, subsection (a) (1), (2) was substantially enlarged to embrace additional subject matter.

Section 5-6-35(a)(7) requires a discretionary application to appeal a criminal-case order denying an extraordinary motion for new trial when the order is separate from the original appeal.

McDonald v. State · filed 1986-09-11(a)(7)

Since OCGA § 5-6-35 (a) (7) requires a discretionary application where there is an order in a criminal case denying an extraordinary motion for new trial when separate from an original appeal, this appeal is dismissed.

Section 5-6-35(a)(8) requires an application to appeal an order denying a complaint in equity, while allowing a direct appeal from an order granting one, and this classification does not deny equal protection.

Schiesser v. Ross · filed 1986-10-08(a)(8)

On motion for reconsideration appellant contends that OCGA § 5-6-35 (a) (8) denies her equal protection, in that she, as a party desiring to appeal an order denying a complaint in equity, must file an application to appeal, whereas a party desiring to appeal from an order granting a complaint in equity is entitled to a direct appeal. We find that the classification created by OCGA § 5-6-35 (a) (8) is reasonable. ... For these reasons we conclude that OCGA § 5-6-35 (a) (8) does not deny appellant equal protection.

Section 5-6-35(a)(2) does not govern appeals from adoption petitions, whether granted or denied and whether or not parental rights are terminated.

In Re JSJ · filed 1986-11-18(a)(2)

This case was appealed directly, which was the proper method, as all petitions for adoption whether granted or denied, whether terminating parental rights or not, do not come within OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(8) requires the prescribed appellate procedure for a direct appeal from an order denying a motion to set aside a judgment; failure to follow it requires dismissal.

Goodwin v. Richmond · filed 1987-04-03(a)(8)

Inasmuch as appellant has not followed the statutorily prescribed procedure for appealing such an order (see OCGA § 5-6-35 (a) (8)), that appeal must be dismissed.

Section 5-6-35(a)(1) and (2) applies to the specified appeals whether the judgment is final, interlocutory, or summary.

Henderson v. Mrs. Smith's Frozen Foods · filed 1987-04-22(a)(1) and (2)

“The 1979 Act, Code Ann. § 6-701.1 [now OCGA § 5-6-35], applies to all appeals specified in section (a) (1) or (2), whether the judgment be final, interlocutory, or summary. That Act is to be interpreted reasonably to accomplish the General Assembly’s intended purpose.”

Subsection (a)(8) requires a discretionary appeal when a motion to set aside under OCGA § 9-11-60(d) is denied, even if the denial is a final judgment.

Denney v. Shield Insurance · filed 1987-06-01(a)(8)

Moreover, those cases were decided prior to the enactment of OCGA § 5-6-35 (a) (8) (Ga. L. 1984, p. 599, § 2), pursuant to which the denial of a motion to set aside asserted pursuant to OCGA § 9-11-60 (d) is always subject to the discretionary appeal procedures, even if it constitutes a final judgment.

Section 5-6-35(a)(8) requires a discretionary appeal procedure for an appeal from the denial of a motion to set aside a judgment.

Leonard v. Easley · filed 1987-07-08(a)(8)

However, the appeal in Case No. 73922 must be dismissed due to appellant’s failure to follow the discretionary appeal procedure required by OCGA § 5-6-35 (a) (8) in such cases.

Section 5-6-35 does not require an application for discretionary appeal when the appeal is from an order under OCGA § 9-11-60(g), because such appeals are not enumerated in subsection (a).

Crawford v. Kroger Company · filed 1987-07-10(a)(8), (b)

Since appeals from orders under OCGA § 9-11-60 (g) are not enumerated in OCGA § 5-6-35 (a), no application for appeal is thereby required under § 5-6-35 (b).

Subsection (a) of § 5-6-35 lists the categories of appeals subject to discretionary review, and this appeal did not fall within any of those categories.

Glean v. State · filed 1990-09-05(a)

This appeal clearly does not fall within any of the categories set forth in subsection (a) of OCGA § 5-6-35.

Section 5-6-35 permits an application naming a superior court order to invoke appellate jurisdiction even when that order is void, but it does not authorize direct review of a workers' compensation board award.

Reynolds Construction Co. v. Reynolds · filed 1995-07-14

Even though the application for appeal pursuant to OCGA § 5-6-35 purported to be from the superior court order, it was sufficient to invoke this Court's jurisdiction. ... The law, of course, does not provide for an application to this court, under OCGA § 5-6-35 or any other statute, for review of the award of the workers' compensation board.

Section 5-6-35(a)(1) subjects appeals from orders entered in appeals from magistrate-court dispossessory proceedings to discretionary-review procedures.

Mitchell v. a Plus, LLC · filed 2015-08-06(a)(1)

Both orders were entered in Mitchell’s appeal from a dispossessory proceeding before the magistrate court and therefore are subject to the procedures for discretionary review, which were not followed here. See OCGA § 5-6-35 (a) (1).

An application for discretionary review must enumerate the errors to be urged on appeal, and review granted on that application is limited to those enumerated errors.

In the INTEREST OF E. M. · filed 2018-09-20(b)

An application for discretionary review must “enumerat[e] the errors to be urged on appeal,” OCGA § 5-6-35 (b), and so, when we grant discretionary review, it necessarily is limited to the errors actually enumerated in the application.

Subsection (a)(11) requires an appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision to be initiated by an application for discretionary review.

Thelma's Rib Shack, Inc. v. Trintec Portfolio Services, LLC · filed 2016-09-14(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (11); see Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

Section 5-6-35(a) and (j) do not authorize a discretionary application seeking to extend the time to appeal from an earlier final judgment by challenging a later order denying reconsideration.

Arnold Street, LLC v. Phoebe Maze · filed 2016-11-21(a), (j)

Plaintiff cites OCGA § 5-6-35 (a) and (j) as the basis for the discretionary application, but neither section applies herein.

Subsection (b) requires an application for discretionary review to enumerate the errors to be urged on appeal, limiting the appeal to those enumerated errors.

Murphy v. State · filed 2024-02-29(b)

An application for discretionary review must enumerate the errors to be urged on appeal, OCGA § 5-6-35 (b), and so, when we grant discretionary review, it necessarily is limited to the errors actually enumerated in the application.

Section 5-6-35 (b) limits discretionary appellate review to errors enumerated in the application.

Hawbaker v. Brittingham · filed 2024-10-04(b)

In any event, Hawbaker did not raise this latter contention in his application for discretionary review. See Zekser v. Zekser, 293 Ga. 366, 369 (2) (744 SE2d 698) (2013) (“An application for discretionary review must ‘enumerat[e] the errors to be urged on appeal,’ OCGA § 5-6-35 (b), and so, when we grant discretionary review, it necessarily is limited to the errors actually enumerated in the application.”).

Section 5-6-35(a)(10) and (b) require an appeal from an order awarding OCGA § 9-15-14 attorney fees to be initiated by an application for discretionary review.

Anderson v. Thomas · filed 2025-01-03(a)(10), (b)

Finally, an appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 (b) requires an application for discretionary review to enumerate the errors to be urged on appeal.

Diontra Miller v. State · filed 2025-02-14(b)

An application for discretionary review must enumerate the errors to be urged on appeal, OCGA § 5-6-35 (b), and so, when we grant discretionary review, it necessarily is limited to the errors actually enumerated in the application.

Section 5-6-35(j) permits the Court of Appeals to decide a case on an application for permission to appeal when a summary judgment or partial summary judgment is directly appealable and treated as enumerated under § 5-6-34(a).

Ahearn v. Westrec Management, Inc. · filed 2000-06-29(j)

Westrec moved this court to dismiss the appeal on jurisdictional grounds because Ahearn filed an application for discretionary appeal instead of filing a direct appeal. But summary judgment and partial summary judgment are directly appealable and will be treated as if enumerated under OCGA § 5-6-34 (a) for purposes of OCGA § 5-6-35 (j), allowing this court jurisdiction to decide the case upon application for permission to appeal.

Section 5-6-35(a)(6) does not make an order involving attorney fees under $10,000 nonappealable when the underlying action seeks a writ of mandamus and an injunction rather than damages.

Haralson County v. Kimball · filed 2000-04-13(a)(6)

At the outset we note that this matter is directly appealable. Although the attorney fees awarded were less than $10,000, the underlying action seeking a writ of mandamus and an injunction was not an action for damages under OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6)'s discretionary-appeal requirements do not control a direct appeal from a judgment determining the defendant's non-liability.

Turner v. Taylor · filed 1986-07-01(a)(6)

As such it is a matter of direct appeal and not controlled by the requirements for discretionary appeal in OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(1) requires discretionary appellate review, so a direct appeal from the order dismissing the certiorari petition is outside the appellate court's jurisdiction.

Salter v. City of Thomaston · filed 1991-07-16(a)(1)

We are without jurisdiction to entertain the direct appeal. See OCGA § 5-6-35 (a) (1). Accordingly, Case No. A91A0933 must be dismissed.

Section 5-6-35 requires an application to appeal an order awarding attorney fees or litigation expenses under OCGA § 9-15-14 unless the order is appealed as part of a directly appealable judgment.

Brown v. E.I. Du Pont De Nemours & Co. · filed 1999-11-18(a)(10), (b)

An appeal from an order awarding attorney fees or expenses of litigation under OCGA § 9-15-14 must be made by application unless the order is appealed as part of a judgment that is directly appealable.

Section 5-6-35(a)(10) requires an application to appeal an award of attorney fees or litigation expenses under § 9-15-14.

Martin v. Outz · filed 1987-06-24(a)(10)

Effective July 1, 1986, OCGA § 5-6-35 was amended to require applications to appeal awards of attorney fees or expenses of litigation under OCGA § 9-15-14.

Section 5-6-35(a)(10) requires an application for appeal for attorney-fee awards under § 9-15-14, but not awards under § 51-7-83(b), which are directly appealable.

Hallman v. Emory University · filed 1997-03-06(a)(10)

While the same procedures must be followed under OCGA § 51-7-83 (b) as employed under OCGA § 9-15-14, OCGA § 51-7-80 et seq. does not come within the express language of OCGA § 5-6-35 (a), which lists cases requiring application for appeal; subsection (a) (10) requires an application for appeals of an award of attorney fees only under OCGA § 9-15-14 and does not require OCGA § 51-7-83 (b) to come under such discretionary appeal procedure, even though it involves the same trial procedure.

Section 5-6-35(a)(10) requires an appeal from an order awarding attorney fees and litigation expenses under OCGA § 9-15-14 to be brought by discretionary application rather than direct appeal.

Longe v. Fleming · filed 2013-07-31(a)(10)

Appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 to be made by discretionary application rather than direct appeal.

Ed Jumper v. Atlanta Chassis Dyno, Inc. · filed 2020-09-10(a)(10)

Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires a discretionary application, rather than a direct appeal, for an order granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Hicks v. Pissarro Wright · filed 2021-03-24(a)(10)

Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires a discretionary application, rather than a direct appeal, for orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

MICHAEL R. BARBOUR, JR. v. SANGHA · filed 2021-04-30(a)(10)

Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Subsections (a)(10) and (b) generally require discretionary appellate review of attorney-fee or litigation-expense awards, but a non-final fee award in a still-pending action must be challenged through the interlocutory-appeal procedure.

Dickerson v. Wellstar Atlanta Medical Center, Inc · filed 2024-04-17(a)(10), (b)

Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14. See OCGA § 5-6-35 (a) (10), (b). However, where, as here, the action remains pending below and the order is a non-final order that does not resolve all issues in the action, a party is required to follow the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge a fee award.

Section 5-6-35 (a) excludes attorney-fee judgments exceeding $10,000 under OCGA § 9-11-68 from the categories requiring discretionary review, while subsection (j) permits granting a timely discretionary-appeal application when the order is subject to direct appeal.

North Walhalla Properties, LLC v. Kennestone Gates Condominium Association, Inc. · filed 2023-12-07(a), (j)

Unless a case falls into one of the categories enumerated in OCGA § 5-6-35 (a), a party has a right of direct appeal from a final judgment See OCGA § 5-6-34 (a) (1). A judgment for attorney fees under OCGA § 9-11-68 that exceeds $10,000 does not fall within the purview of OCGA § 5-6-35 (a). See, e.g., Eichenblatt v. Piedmont/Maple, LLC, 358 Ga. App. 234, 235 (854 SE2d 572) (2021) (direct appeal from an award of attorney fees under OCGA § 9-11-68 exceeding $10,000). Thus, North Walhalla was not required to file an application to obtain review of the order at issue. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(a)(10) generally requires a discretionary appeal for attorney-fee judgments, but a separate discretionary application is unnecessary when a direct appeal from the underlying judgment is pending.

Cagle v. Davis · filed 1999-02-17(a)(10)

Judgments for attorney fees are ordinarily reviewable only on application for discretionary appeal, OCGA § 5-6-35 (a) (10), but appellees’ motion to dismiss is without merit in this instance because the Supreme Court of Georgia has held that an award of attorney fees need not be appealed through the discretionary application process when a direct appeal from the underlying judgment is pending.

Section 5-6-35(a)(10) does not require an application for discretionary appeal when an attorney-fee judgment is appealed as part of a directly appealable judgment.

Haggard v. Board of Regents of University System · filed 1987-09-09(a)(10)

The association asserts that the appeal must be dismissed for failure to file an application, as required by OCGA § 5-6-35 (a) (10). ... We therefore conclude that a judgment awarding attorney fees and costs of litigation pursuant to OCGA § 9-15-14 may be reviewed on direct appeal, when it is appealed as part of a judgment that is directly appealable.

Section 5-6-35(a)(1) requires an appellant to obtain an order permitting the appeal before pursuing an appeal in the circumstances covered by that subsection.

Taylor v. City of Atlanta · filed 1987-11-05(a)(1)

We must dismiss appellant’s appeal, inasmuch as he failed to obtain an order of this court permitting the appeal under OCGA § 5-6-35 (a) (1). ... This disposition of the appeal is required even though the superior court dismissed the case before reaching its merits.

Subsection (a)(1) requires a party seeking direct appellate review of a superior court order affirming a Department of Labor unemployment-compensation decision to obtain this court's permission to appeal.

Georgia Water Resources, Inc. v. Commissioner of Labor · filed 1989-10-03(a)(1)

In doing so, it failed to obtain an order from this court granting permission for appeal pursuant to OCGA § 5-6-35 (a) (1). This requirement is jurisdictional and mandates dismissal of the appeal.

Appeals in actions for damages with a judgment of $10,000.00 or less must be taken through the discretionary application procedures.

HEUER INDUSTRIALS, INC. v. Crum · filed 1992-02-04(a)(6)

For appeals filed on or after July 1, 1991, OCGA § 5-6-35 (a) (6) was amended to reflect that “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less” must be taken by the application procedures set forth within the Code section. Accordingly, this direct appeal must be dismissed for failure to comply with the discretionary application procedures of OCGA § 5-6-35.

Section 5-6-35(a)(6) requires appeals in damages actions involving judgments of $10,000 or less to proceed by discretionary application under subsection (b), so a direct appeal is unavailable.

CA-SHAR v. McKESSON CORPORATION · filed 1992-07-09(a)(6), (b)

OCGA § 5- 6-35 (a) (6) was amended effective July 1, 1991 to provide that “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or “less” shall be by application as set forth in OCGA § 5-6- 35 (b).

Section 5-6-35(a)(6) requires an application for appeals in damages actions when the judgment is $10,000 or less, rather than a direct appeal.

O'Brien v. Dunagan · filed 1993-06-14(a)(6)

After July 1,1991, appeals in all actions for damages in which the judgment is $10,000 or less must be taken by the application procedure set forth in OCGA § 5-6-35. See OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires an application for discretionary appeal in an action for damages when the judgment is $10,000 or less.

Hill v. Rose Electric Co. · filed 1996-03-12(a)(6)

OCGA § 5-6-35 (a) (6) requires an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less[.]”