Demarcus Davis v. Young Seon Jo
Docket A26A1459
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Family
- Disposition
- Dismissed
- Docket
- A26A1459
Appeal from a final judgment and decree of divorce
Summary
The Georgia Court of Appeals dismissed an appeal filed by Demarcus Davis from a final divorce judgment entered January 6, 2026. The court held that appeals in domestic relations cases must be brought by application for discretionary appeal under OCGA § 5-6-35(a)(2). Davis filed only a notice of appeal and asked the court to treat it as a discretionary application, but the court found that compliance with the discretionary-appeal procedure is jurisdictional. Because Davis did not file the required application, the court granted Young Seon Jo’s motion to dismiss for lack of jurisdiction and dismissed the appeal.
Issues Decided
- Whether a direct notice of appeal is sufficient in a divorce/domestic relations case governed by OCGA § 5-6-35(a)(2)
- Whether the Court of Appeals has jurisdiction where the appellant failed to file an application for discretionary appeal
Court's Reasoning
Georgia law requires appeals from divorce and other domestic relations orders to be pursued by application for discretionary appeal. The court treated that requirement as jurisdictional, citing precedent holding that failure to follow the discretionary appeals procedure deprives the court of jurisdiction. Because Davis did not file the required application and instead only filed a notice of appeal, the court lacked jurisdiction and therefore dismissed the appeal.
Authorities Cited
- OCGA § 5-6-35(a)(2)
- Smoak v. Department of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Demarcus Davis
- Appellee
- Young Seon Jo
- Court
- Court of Appeals of the State of Georgia
- Judge
Key Dates
- divorce_judgment_date
- 2026-01-06
- court_order_date
- 2026-04-06
What You Should Do Next
- 1
Consult appellate counsel immediately
Talk to an attorney about whether any timely post-judgment remedies, motions, or extraordinary relief remain available and the possibility of reapplication if jurisdictional rules permit.
- 2
Consider filing appropriate post-judgment motions in trial court
If relief is available at the trial level (for example, to alter or reconsider the judgment), prepare and file those motions within the applicable deadlines.
- 3
Review discretionary-appeal requirements
If an appeal is still permissible, ensure strict compliance with OCGA § 5-6-35(a)(2) by preparing and filing a proper application for discretionary appeal with supporting grounds and the required record references.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the appeal because the appellant did not file the required application for discretionary appeal in a divorce case.
- Who is affected by this decision?
- The parties to the divorce, Demarcus Davis and Young Seon Jo; the trial court's final divorce judgment remains in effect because the appeal was dismissed for lack of jurisdiction.
- What does this mean for the divorce judgment?
- The trial court's January 6, 2026 decree of divorce stands because the appellate court dismissed the appeal on procedural grounds.
- Can the appellant try again?
- Possibly; the appellant may seek relief in the trial court or pursue any available post-judgment remedies, but the Court of Appeals will not hear a direct appeal now because the required discretionary-appeal application was not filed.
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,____________________
April 06, 2026
The Court of Appeals hereby passes the following order:
A26A1459. DEMARCUS DAVIS v. YOUNG SEON JO.
On January 6, 2026, the trial court entered a final judgment and decree of
divorce dissolving the marriage of Demarcus Davis and Young Seon Jo. Davis then
filed a notice of appeal. Jo has filed a motion to dismiss the appeal for lack of
jurisdiction. For the following reasons, we agree that we 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). In his response to the motion to dismiss, Davis asks the Court to treat the
notice of appeal as an application for discretionary appeal. However, “[c]ompliance
with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human
Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, Davis failed to file an
application for discretionary appeal, and thus, we do not have jurisdiction over this
direct appeal. Accordingly, Jo’s motion to dismiss is GRANTED, and this appeal is
hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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.