Full Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 22, 2026 The Court of Appeals hereby passes the following order: A27A0316. GRACE ELLEN BOWEY v. CHADWICK HONEA. In this domestic relations case, Chadwick Honea filed a petition for legitimation and custody against the minor child’s mother, Grace Ellen Bowey. Bowey moved to dismiss for lack of subject matter jurisdiction and deficient service of process. The trial court concluded that Honea had not properly served Bowey, but nevertheless denied the motion, ruling that the custody issue was “premature” and that it would not address legitimation or paternity until Bowey is properly served. Bowey filed a direct appeal from that order.1 We, however, lack jurisdiction. First, a legitimation action is a domestic relations case, and appeals in domestic relations cases must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450) (2013). Although a direct appeal is proper under OCGA § 5-6-34(a)(11) from judgments or orders “in child custody cases that award, refuse to change, or modify child custody,” this Court looks to the specific issue raised on appeal to determine whether a party is entitled to a direct appeal under this provision. See Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). Here, although Honea sought to modify child custody in his petition, the order on appeal contains no custody rulings. “Because custody is therefore not an issue on appeal in this domestic relations case under 1 Although Bowey’s notice of appeal stated that she was contemporaneously filing an application for discretionary appeal, no application has been filed as of the date of this order. OCGA § 5-6-35(a)(2), it is not subject to a direct appeal pursuant to OCGA § 5-6-34(a)(11).” Barnes v. Barnes, 361 Ga. App. 279, 281 (864 SE2d 119) (2021) (quotation marks omitted). Second, the order is interlocutory because the underlying action remains pending in the trial court. See Gray v. Springs, 224 Ga. App. 427, 427 (481 SE2d 3) (1997) (finding that the trial court order which reserved ruling on the issues of custody and visitation was interlocutory). To appeal a non-final order, a party must follow the interlocutory appeal procedures set forth in OCGA § 5-6-34(b), which includes obtaining a certificate of immediate review from the trial court. See Duke v. State, 306 Ga. 171, 172(1) (829 SE2d 348) (2019); Scruggs v. Ga. Dep’t of Human Res., 261 Ga. 587, 589(1) (408 SE2d 103) (1991). Bowey’s failure to follow the interlocutory appeal procedure deprives this Court of jurisdiction over the appeal. See generally Bailey v. Bailey, 266 Ga. 832, 832–33 (471 SE2d 213) (1996) (explaining that a party seeking appellate review from an interlocutory order that also implicates the discretionary application statute must comply with the interlocutory application statute). Accordingly, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/22/2026 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.