In the Interest of C. M. T., a Child (Father) ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    April 08, 2021
    The Court of Appeals hereby passes the following order:
    A21A1244. IN THE INTEREST OF C. M. T., A CHILD (FATHER).
    Michael Tatum filed a petition to legitimate C. M. T. After a hearing, the trial
    court denied the petition, and Tatum filed this appeal. We, however, lack jurisdiction.
    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.” Fabe v.
    Floyd, 
    199 Ga. App. 322
    , 332 (1) (405 SE2d 265) (1991). Tatum’s failure to follow
    the discretionary review procedure deprives us of jurisdiction over this appeal, which
    is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    04/08/2021
    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: A21A1244

Filed Date: 4/20/2021

Precedential Status: Precedential

Modified Date: 4/20/2021