Addis v. McQueen

• Decision Date: 22 April 2022
• Docket Number: A22A1242
• Parties: JONAH ADDIS v. DEAUNA MCQUEEN.
• Court: Georgia Court of Appeals

JONAH ADDIS v. DEAUNA MCQUEEN.

No. A22A1242

Court of Appeals of Georgia

April 22, 2022

The Court of Appeals hereby passes the following order:

Jonah Addis has filed this direct appeal from the trial court's final judgment and decree granting Deauna McQueen's petition for divorce and awarding McQueen sole legal and physical custody of the parties' minor child. Addis also seeks to appeal a parenting plan entered in conjunction with the divorce decree, as well as an order holding Addis in contempt for failure to comply with prior court orders requiring him to pay temporary child support and certain attorney fees. We, however, lack jurisdiction.

Under OCGA § 5-6-34 (a) (11), direct appeals may be had 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." "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). Thus, direct appeals will not lie from "orders relating to child custody issues that are entered in divorce cases." Voyles v. Voyles 301 Ga. 44, 45 (799 S.E.2d 160) (2017) (punctuation omitted); accord Hoover v. Hoover, 295 Ga. 132, 134 (1) (757 S.E.2d 838) (2014) ("Where, as here, child custody issues are ancillary to a divorce action, the determination of child custody does not transform the case into a OCGA § 5-6-34 (a) (11), for purposes of determining the appropriate method for appealing a child custody order.")

"Because this is not a child custody case, but is a divorce case in which child custody is an issue, OCGA § 5-6-35 (a) (2) requires an application for discretionary appeal, and a direct appeal is not authorized by OCGA § 5-6-34 (a) (11)." Todd v. Todd, 287 Ga. 250 252 (1) (703 S.E.2d 597) (2010); accord Ford v Ford, 347 Ga.App. 233, 234 (818 S.E.2d 690) (2018). See also Booker v. Ga. Dept. of Human Resources, 317 Ga.App. 426, 427 (731 S.E.2d 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"). "Compliance with the discretionary appeals procedure is jurisdictional." Hair Restoration Specialists v State of Ga., 360 Ga.App. 901, 903 (862 S.E.2d 564) (2021) (...