Milan MacEk v. Cinadella Ann MacEk
Docket A26A1675
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26A1675
Direct appeal from denial of a verified petition for a stalking protective order under OCGA § 16-5-94
Summary
The Georgia Court of Appeals dismissed Milan Macek’s direct appeal from the trial court’s denial of his verified petition for a stalking protective order against his ex-wife. The court explained that although appeals from stalking orders ordinarily may be direct, this case arises from alleged family violence between former spouses and therefore falls within domestic relations matters. Appeals in such Family Violence Act cases must proceed by discretionary application under OCGA § 5-6-35(a)(2). Because Macek did not follow the discretionary-appeal procedure, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.
Issues Decided
- Whether a direct appeal lies from the denial of a stalking protective order when the parties are ex-spouses and allegations involve family violence
- Whether failing to use the discretionary-appeal procedure required for domestic relations cases deprives the Court of Appeals of jurisdiction
Court's Reasoning
The court recognized that while stalking orders generally may be appealed directly, this dispute involves alleged family violence between former spouses and thus qualifies as a domestic relations matter under OCGA § 5-6-35(a)(2). Precedent requires appeals in domestic relations cases to proceed by discretionary application, and compliance with that procedure is jurisdictional. Because the appellant did not seek discretionary review, the Court of Appeals lacked jurisdiction and dismissed the appeal.
Authorities Cited
- OCGA § 16-5-94
- OCGA § 5-6-35(a)(2)
- Phaneuf v. Anthony375 Ga. App. 636 (917 SE2d 191) (2025)
- Schmidt v. Schmidt270 Ga. 461 (510 SE2d 810) (1999)
- Smoak v. Dept. of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Milan Macek
- Appellee
- Cinadella Ann Macek
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Court order date
- 2026-05-04
What You Should Do Next
- 1
Consider filing a discretionary application
If the appellant wishes to continue, prepare and file a discretionary application under OCGA § 5-6-35(a)(2) explaining why the Court of Appeals should grant review.
- 2
Consult an attorney experienced in domestic relations appeals
Seek counsel to evaluate whether the case meets standards for discretionary review and to assist with the application and briefing requirements.
- 3
Review trial-court record and deadlines
Confirm applicable filing deadlines and ensure the trial-court record and necessary documents are assembled for any discretionary application or other relief.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because it lacked jurisdiction when the appellant failed to seek discretionary review required for domestic relations cases involving family violence.
- Who is affected by this decision?
- The parties to the stalking petition, Milan Macek and his ex-wife Cinadella Ann Macek, are directly affected because the trial court's denial remains in place unless further review is sought properly.
- What happens next for the appellant?
- The appellant may seek review by filing a discretionary application in accordance with OCGA § 5-6-35(a)(2) if the statutory criteria for discretionary review are met.
- Why couldn't the Court of Appeals decide the merits?
- Because Georgia law requires discretionary appeals for domestic relations matters and compliance with that procedure is jurisdictional, the court could not reach the merits after the appellant failed to follow the required process.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
May 04, 2026
The Court of Appeals hereby passes the following order:
A26A1675. MILAN MACEK v. CINADELLA ANN MACEK.
Milan Macek has filed this direct appeal from the trial court’s denial of his
verified petition for stalking protective order pursuant to OCGA § 16-5-94 against his
ex-wife, Cinadella Ann Macek. We lack jurisdiction.
“As a general rule, a party may file a direct appeal from a protective order that
was entered in an action brought under OCGA § 16-5-94, the general stalking
statute.” Phaneuf v. Anthony, 375 Ga. App. 636, 637 (917 SE2d 191) (2025). However,
given the nature of the relationship of the parties as ex-spouses, this case involves
allegations of family violence. See OCGA § 19-13-1 (“family violence” is defined
under the Family Violence Act as the occurrence of specified acts, including stalking,
“between past or present spouses”). And an application for discretionary appeal is
required to appeal when the order involves the Family Violence Act because such
cases are domestic relations cases within the meaning of OCGA § 5-6- 35(a)(2). See
Schmidt v. Schmidt, 270 Ga. 461, 461–62(1) (510 SE2d 810) (1999), disapproved on
other grounds by Gilliam v. State, 312 Ga. 60 (860 SE2d 543) (2021); see also OCGA
§ 5-6-35(a)(2) (appeals from orders in domestic relations cases must be by
discretionary application). “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d
60) (1996).
Milan Macek’s failure to follow the discretionary appeals procedure deprives
us of jurisdiction over this appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/04/2026
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.