Rebecca Ann Reynolds v. Robert W. Nicholson

Court of Appeals of the State of Georgia ATLANTA,____________________ September 17, 2026 The Court of Appeals hereby passes the following order: A27A0404. REBECCA ANN REYNOLDS v. ROBERT W. NICHOLSON. Rebecca Ann Reynolds and Robert W. Nicholson were divorced in 2009. In 2022, Nicholson petitioned for a declaratory judgment against Reynolds concerning certain obligations in their incorporated divorce settlement agreement. The court granted relief to Nicholson, and Reynolds filed this appeal. We lack jurisdiction. Because the underlying action involves rights arising out of a divorce decree, OCGA § 5-6-35(a)(2) is the exclusive procedure for appeal. See Walker v. Estate of Mays, 279 Ga. 652, 653(1) (619 SE2d 679) (2005). “The fact that the particular vehicle used to obtain the judgment was an action for declaratory judgment makes no difference because the subject matter was domestic relations[.]” Weaver v. Jones, 260 Ga. 493, 493–94(2) (396 SE2d 890) (1990). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Reynolds’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/17/2026 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.