Aaron Mason v. Cicely Mason

Court of Appeals of the State of Georgia ATLANTA,____________________ December 11, 2024 The Court of Appeals hereby passes the following order: A25A0739. AARON MASON v. CICELY MASON. Aaron Mason appeals directly to this Court from the trial court’s dismissal of a temporary family violence ex parte protective order entered against Cicely Mason. However, he has no right of direct appeal here. Under OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedure to obtain appellate review of orders or judgments in domestic relations cases, including those involving family violence. See Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) ( 510 SE2d 810 ) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 ( 860 SE2d 543 ) (2021). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 ( 471 SE2d 60 ) (1996). Aaron Mason’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/11/2024 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.