Robert Derek Bailey v. Rhonda Bunn Bailey

Court of Appeals of the State of Georgia ATLANTA,____________________ March 18, 2021 The Court of Appeals hereby passes the following order: A21A1002. ROBERT DEREK BAILEY v. RHONDA BUNN BAILEY. It appearing the order of this Court issued on March 12, 2021, is incorrect due to a clerical error, it is hereby ordered that said order is VACATED, and the following order is ISSUED in its place. Robert Derek Bailey filed a pro se notice of appeal of the parties’ final judgment and decree of divorce. We lack jurisdiction because — pretermitting whether the notice of appeal was a nullity on the basis that Mr. Bailey was represented by counsel when he filed it, see Tolbert v. Toole, 296 Ga. 357, 361-363 (3) ( 767 SE2d 24 ) (2014); Jacobsen v. Haldi, 210 Ga. App. 817, 818-819 (1) ( 437 SE2d 819 ) (1993) — appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) ( 405 SE2d 265 ) (1991). Mr. Bailey’s failure to follow the discretionary appeals 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,____________________ 03/18/2021 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.