David Lindon Naves v. Audrey Joy Deans

Court of Appeals of the State of Georgia ATLANTA,____________________ November 05, 2019 The Court of Appeals hereby passes the following order: A20A0506. DAVID LINDON NAVES v. AUDREY JOY DEANS et al. David Lindon Naves filed a petition to legitimate his biological daughter J. G. D. After a hearing, the trial court denied the petition. The court also denied Naves’ subsequent motion for new trial. This timely direct appeal followed. 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). Naves’ failure to follow the discretionary review procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED. See Cloud, 321 Ga. App. at 218 ; Floyd, 199 Ga. App. at 332 (1). Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 11/05/2019 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.