Frizzell v. Harris

• Decision Date: 29 June 2022
• Docket Number: A22A1597
• Parties: BARRY FRIZZELL v. TAMARA HARRIS f/k/a TAMARA HARRIS FRIZZELL.
• Court: Georgia Court of Appeals

BARRY FRIZZELL v. TAMARA HARRIS f/k/a TAMARA HARRIS FRIZZELL.

No. A22A1597

Court of Appeals of Georgia

June 29, 2022

The Court of Appeals hereby passes the following order:

Barry Frizzell and Tamara Harris divorced in 2017. They signed a marital dissolution agreement, which was incorporated into the final decree. In March 2019, Tamara filed an application for contempt, contending in part that Barry had failed to fulfill his financial obligations. The trial court entered an order awarding Tamara a money judgment against Barry. Barry then filed this direct appeal. We lack jurisdiction.

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. See Russo v. Manning, 252 Ga. 155, 155 (312 S.E.2d 319) (1984). "Compliance with the discretionary appeals procedure is jurisdictional." Smoak v. Dept. of Human Resources, 221 Ga.App. 257, 257 (471 S.E.2d 60) (1996). Because Barry failed to follow the requisite appellate procedure, we lack jurisdiction to consider this direct appeal, which is hereby DISMISSED.