What did the court decide?

The Court of Appeals dismissed the direct appeal because the appellant did not use the required discretionary-appeal procedure for domestic relations contempt orders, so the court had no jurisdiction.

Who is affected by this dismissal?

The appellant, Jennifer Daugherty, is affected because her direct appeal of the contempt and attorney-fee orders was dismissed; the underlying trial-court orders remain in place unless otherwise challenged by the correct procedure.

What happens to the trial court's contempt finding and fee award?

They remain in effect because the appellate court did not reach the merits; the proper avenue to seek review is to file an application for discretionary appeal if timely and appropriate.

Can this decision be appealed further?

Because this is a dismissal for lack of jurisdiction by the Court of Appeals, the next step would ordinarily be to seek review by filing the required application for discretionary appeal in the Court of Appeals or, if available and timely, seek review in the Supreme Court of Georgia according to the applicable rules.

Jennifer Daugherty v. Matthew Woodard

Docket A26A1874

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

FamilyDismissed

Filed: May 5, 2026 · yesterday
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Family
Disposition: Dismissed
Docket: A26A1874

Direct appeal from trial court orders finding contempt and awarding attorney fees in a child-support enforcement action

Summary

The Court of Appeals dismissed Jennifer Daugherty’s direct appeal of a trial court contempt order against Matthew Woodard for failure to follow the required discretionary-appeal procedure for domestic relations matters. The appellate court explained that orders holding or declining to hold someone in contempt in a domestic relations case must be reviewed by application for discretionary appeal under OCGA § 5-6-35, and that compliance with that procedure is jurisdictional. Because Daugherty filed a direct appeal instead of an application for discretionary appeal, the Court of Appeals concluded it lacked jurisdiction and dismissed the appeal.

Issues Decided

Whether a direct appeal lies from a trial court order holding a party in contempt in a domestic relations (child support) case
Whether the Court of Appeals has jurisdiction where the required discretionary-appeal procedure under OCGA § 5-6-35 was not followed

Court's Reasoning

The court relied on Georgia statutory and precedent authority that appeals from contempt orders in domestic relations matters must be pursued by application for discretionary appeal, not by direct appeal. Because that procedural route is jurisdictional, the appellate court cannot hear an appeal filed improperly. Daugherty’s failure to use the discretionary-appeal procedure deprived the Court of Appeals of jurisdiction, requiring dismissal.

Authorities Cited

OCGA § 5-6-35
Russo v. Manning252 Ga. 155 (312 SE2d 319) (1984)
Hair Restoration Specialists v. State of Georgia360 Ga. App. 901 (862 SE2d 564) (2021)
Booker v. Georgia Dept. of Human Resources317 Ga. App. 426 (731 SE2d 110) (2012)

Parties

Appellant: Jennifer Daugherty
Appellee: Matthew Woodard
Judge: Court of Appeals of the State of Georgia
Attorney: Clerk, Court of Appeals of the State of Georgia

Key Dates

Court decision: 2026-05-05

What You Should Do Next

1
Consider filing an application for discretionary appeal
If appellant wishes to challenge the trial court's contempt finding or fee award, she should consult counsel and prepare an application for discretionary appeal under OCGA § 5-6-35, observing all deadlines and procedural requirements.
2
Confirm appeal deadlines and preservation
Verify the applicable timelines and that any necessary motions or notices were preserved in the trial court record so the discretionary appeal, if filed, will be procedurally proper.
3
Consult a family law attorney
Seek counsel experienced in Georgia appellate and family law to evaluate grounds for discretionary review and to draft the application demonstrating the case's importance or conflict warranting discretionary review.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the direct appeal because the appellant did not use the required discretionary-appeal procedure for domestic relations contempt orders, so the court had no jurisdiction.
Who is affected by this dismissal?: The appellant, Jennifer Daugherty, is affected because her direct appeal of the contempt and attorney-fee orders was dismissed; the underlying trial-court orders remain in place unless otherwise challenged by the correct procedure.
What happens to the trial court's contempt finding and fee award?: They remain in effect because the appellate court did not reach the merits; the proper avenue to seek review is to file an application for discretionary appeal if timely and appropriate.
Can this decision be appealed further?: Because this is a dismissal for lack of jurisdiction by the Court of Appeals, the next step would ordinarily be to seek review by filing the required application for discretionary appeal in the Court of Appeals or, if available and timely, seek review in the Supreme Court of Georgia according to the applicable rules.

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 05, 2026

The Court of Appeals hereby passes the following order:

A26A1874. JENNIFER DAUGHERTY v. MATTHEW WOODARD.

Jennifer Daugherty filed this action against Matthew Woodard, seeking to hold
him in contempt of his child support obligation under the parties’ divorce decree. The
trial court issued an order finding Woodard in contempt, but finding that the court
could not calculate his arrearage. The court also issued an order awarding Woodard
attorney fees. Daugherty then filed this direct appeal. We lack jurisdiction.
Appeals from judgments or orders in domestic relations cases, including orders
“holding or declining to hold persons in contempt,” must be made by application for
discretionary appeal. See OCGA § 5-6-35(a)(2), (b). See also Russo v. Manning, 252
Ga. 155, 156 (312 SE2d 319) (1984) (“A judgment of contempt regarding a domestic
relations decree is appealable only by application for discretionary appeal.”); Booker
v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 110) (2012) (an
action in which the “underlying subject matter is a father’s obligation to provide child
support” is “a domestic relations case subject to review only by application”).
“Compliance with the discretionary appeals procedure is jurisdictional.” Hair
Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021).
Thus, Daugherty’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,____________________
05/05/2026
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.