Reginald L. Winfrey v. Earnelle P. Winfrey ( 2024 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
August 28, 2024
The Court of Appeals hereby passes the following order:
A25A0248. REGINALD L. WINFREY v. EARNELLE P. WINFREY.
Reginald Winfrey and Earnelle Winfrey were divorced in 2019. Their divorce
decree, which incorporated a settlement agreement, included provisions for child
support. In 2023, Reginald filed a petition seeking a declaration that his child support
obligations had ended, and that Earnelle owed him child support. The parties filed
cross-motions for summary judgment. Earnelle also sought attorney fees under OCGA
§ 9-15-14. The trial court denied Reginald’s motion for summary judgment but
granted Earnelle’s motion for summary judgment and awarded her attorney fees.
Reginald then filed this direct appeal. We, however, lack jurisdiction.
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). “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d
60) (1996).
Reginald’s failure to follow the proper procedure thus deprives us of jurisdiction over
this direct appeal. See id. at 257-258. Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
08/28/2024
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.