Sherri Lee Barnes v. David Charles Weiske

Court of Appeals
of the State of Georgia

                                      ATLANTA,____________________
                                               December 22, 2023

The Court of Appeals hereby passes the following order:

A24A0589. SHERRI LEE BARNES v. DAVID CHARLES WEISKE

      Sherri Lee Barnes and David Charles Weiske divorced on December 20, 2013.
Barnes filed a motion to hold Weiske in contempt. The trial court set aside the
contempt order against Weiske, and Barnes filed a motion to reconsider the trial
court’s order. The trial court denied the motion to reconsider, and Barnes filed the
instant appeal. We, however, lack jurisdiction.
      Appeals from “judgments or orders in divorce, alimony, and other domestic
relations cases” must be made by application for discretionary appeal. See OCGA §
5-6-35 (a) (2); Russo v. Manning, 

 (

) (1984).
“[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v.
Floyd, 

 (1) (

) (1991). Because Barnes failed to
file an application for discretionary appeal, we lack jurisdiction over this direct
appeal, which is hereby DISMISSED.

                                      Court of Appeals of the State of Georgia
                                             Clerk’s Office, Atlanta,____________________
                                                                       12/22/2023
                                             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.