William Jeremy Salter v. Glenn Albert Kirby ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 13, 2023
The Court of Appeals hereby passes the following order:
A24A0669. WILLIAM JEREMY SALTER v. GLENN ALBERT KIRBY.
William Salter filed this direct appeal from the trial court’s order dismissing
his petition to establish paternity. We lack jurisdiction.
“Appeals 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). An action to determine paternity is a domestic relations
case. OCGA § 19-1-1; Brown v. Dept. of Human Resources, 204 Ga. App. 27, 27
(418 SE2d 404) (1992) (“Appeals arising out of paternity petitions are domestic
relations cases which require compliance with the discretionary appeal procedure of
OCGA § 5-6-35.”). “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471
SE2d 60) (1996). Accordingly, Salter was required to comply with the discretionary
appeal procedure to obtain review of the trial court’s order. His failure to do so
deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See
Brown, 204 Ga. App. at 27.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/13/2023
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.