Jakeise Moody v. Genesis Nicole Smith
CourtCourt of Appeals of Georgia
Date FiledJune 26, 2026
DocketA26A2257
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 26, 2026
The Court of Appeals hereby passes the following order:
A26A2257. JAKEISE MOODY v. GENESIS NICOLE SMITH.
Jakeise Moody filed a petition for a temporary protective order, which the trial
court dismissed on May 19, 2026. Moody filed both an application for discretionary
appeal and a direct appeal from the same order. The discretionary application was
denied. Case No. A26D0532 (Jun. 9, 2026). This is the direct appeal. We, however,
lack jurisdiction.
This Court’s denial of Moody’s application for discretionary appeal was a
decision on the merits. See Elrod v. Sunflower Meadows Dev., LLC, 322 Ga. App. 666,
670(4) (745 SE2d 846) (2013) (“[W]hen this Court examines a request for a
discretionary appeal, it acts in an error-correcting mode such that a denial of the
application is on the merits, and the order denying the application is res judicata with
respect to the substance of the requested review.”) (punctuation omitted). Thus,
Moody has no right to a direct appeal from the same order. See Northwest Social &
Civic Club v. Franklin, 276 Ga. 859, 860 (583 SE2d 858) (2003) (punctuation
omitted); see also Hook v. Bergen, 286 Ga. App. 258, 261(1) (649 SE2d 313) (2007)
(holding that party was estopped from seeking further judicial review of same order
when discretionary application had been denied).
Accordingly, we lack jurisdiction over this direct appeal, which is hereby
DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/26/2026
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.