Neva T. McDonald v. Edward D. McDonald ( 2019 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 28, 2018
    The Court of Appeals hereby passes the following order:
    A19A0965. NEVA T. MCDONALD v. EDWARD D. MCDONALD.
    The parties were divorced pursuant to a final judgment and decree entered on
    July 25, 2018. The wife, Neva T. McDonald, filed a notice of appeal on August 6,
    2018. We, however, lack jurisdiction.
    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.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/28/2018
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A19A0965

Filed Date: 1/8/2019

Precedential Status: Precedential

Modified Date: 4/17/2021