Clinton Hoke v. Wendy Nicole Jennings

Court of Appeals
of the State of Georgia
ATLANTA,____________________
March 08, 2016
The Court of Appeals hereby passes the following order:
A16A0949. CLINTON HOKE v. WENDY NICOLE JENNINGS.
Clinton Hoke filed this direct appeal from the trial court’s order denying his
petition to legitimate his minor child. Subsequently, Wendy Nicole Jennings, the
minor child’s mother, filed a motion to dismiss Hoke’s appeal, arguing that appeals
from domestic relations cases are not directly appealable. Jennings is correct.
Appeals in domestic relations cases must comply with the discretionary appeal
procedure. OCGA § 5-6-35 (a) (2). A legitimation action is a domestic relations case.
Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Because Hoke failed
to comply with the discretionary appeal procedure as required, Jennings’s motion to
dismiss is GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
03/08/2016
Clerk’s Office, Atlanta,____________________
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.