What did the court decide?

The Court of Appeals dismissed the direct appeal because the appellant did not use the required discretionary-review procedure for divorce cases.

Who is affected by this decision?

The appellant, Jesse James Larson, and any party seeking appellate review of the same divorce decree are affected because the dismissal leaves the trial court's decree intact unless proper review is sought.

The appellant may consider seeking relief through the discretionary review procedure under OCGA § 5-6-35 if the statute and timing allow, or consult counsel about other procedural options.

Why was the appeal dismissed rather than decided on the merits?

Because the court concluded it lacked jurisdiction due to the appellant's failure to follow the jurisdictional statutory procedure for appeals from divorce orders.

Can this dismissal be appealed further?

Dismissal for lack of jurisdiction is typically final in that appellate court; the appellant should consult counsel about whether a motion for reconsideration or an application to the Georgia Supreme Court for discretionary review is available.

Jesse James Larson v. Shaina Ann Larson

Docket A26A0626

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

FamilyDismissed

Filed: Apr 1, 2026 · 1 month ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Family
Disposition: Dismissed
Docket: A26A0626

Direct appeal from a trial court final divorce decree

Summary

The Court of Appeals dismissed Jesse James Larson’s direct appeal from a trial court divorce decree because Georgia law requires appeals in divorce matters to be pursued by application for discretionary review. The court explained that compliance with the discretionary appeals procedure under OCGA § 5-6-35 is jurisdictional, cited prior decisions applying that rule, and concluded it lacked jurisdiction to decide the merits. The dismissal leaves the trial court decree in place unless the appellant pursues the correct discretionary-review procedure if timely available.

Issues Decided

Whether a direct appeal from a trial court divorce decree may proceed without first seeking discretionary review under OCGA § 5-6-35
Whether failure to follow the discretionary appeals procedure deprives the Court of Appeals of jurisdiction

Court's Reasoning

The court relied on OCGA § 5-6-35 and controlling precedents holding that appeals from divorce orders must be initiated by application for discretionary review. Because compliance with that statute is jurisdictional, the appellant's failure to follow the required procedure meant the Court of Appeals lacked authority to reach the merits. Prior decisions, including Onyemobi and Hair Restoration Specialists, support that dismissal is required when the statutory route is not followed.

Authorities Cited

OCGA § 5-6-35
Onyemobi v. Onyemobi375 Ga. App. 538 (916 SE2d 738) (2025)
Hair Restoration Specialists v. State of Ga.360 Ga. App. 901 (862 SE2d 564) (2021)
Hoover v. Hoover295 Ga. 132 (757 SE2d 838) (2014)

Parties

Appellant: Jesse James Larson
Respondent: Larson
Judge: Court of Appeals of the State of Georgia

Key Dates

Decision date: 2026-04-01

What You Should Do Next

1
Consult an appellate attorney
Talk with counsel promptly to assess whether an application for discretionary review under OCGA § 5-6-35 or another post-judgment remedy can be timely filed.
2
Check filing deadlines
Confirm statutory and court-rule deadlines for seeking discretionary review or other relief so no right is lost by delay.
3
Consider motion for reconsideration if appropriate
If grounds exist to argue the appeal was properly filed or there was excusable neglect, an attorney can advise whether to seek reconsideration in the Court of Appeals or alternative relief.

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-review procedure for divorce cases.
Who is affected by this decision?: The appellant, Jesse James Larson, and any party seeking appellate review of the same divorce decree are affected because the dismissal leaves the trial court's decree intact unless proper review is sought.
What happens next?: The appellant may consider seeking relief through the discretionary review procedure under OCGA § 5-6-35 if the statute and timing allow, or consult counsel about other procedural options.
Why was the appeal dismissed rather than decided on the merits?: Because the court concluded it lacked jurisdiction due to the appellant's failure to follow the jurisdictional statutory procedure for appeals from divorce orders.
Can this dismissal be appealed further?: Dismissal for lack of jurisdiction is typically final in that appellate court; the appellant should consult counsel about whether a motion for reconsideration or an application to the Georgia Supreme Court for discretionary review is available.

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 01, 2026

The Court of Appeals hereby passes the following order:

A26A0626. LARSON v. LARSON.

Jesse James Larson filed this direct appeal from the trial court’s final divorce
decree. However, appeals from orders in divorce cases must be initiated by filing an
application for discretionary review. See OCGA § 5-6-35(a)(2),(b); Onyemobi v.
Onyemobi, 375 Ga. App. 538, 538–39 (916 SE2d 738) (2025); Hoover v. Hoover, 295 Ga.
132, 134(1) (757 SE2d 838) (2014) (“Where, as here, child custody issues are ancillary
to a divorce action, the determination of child custody does not transform the case
into a ‘child custody case,’ as that phrase is used in OCGA § 5-6-34(a)(11), for
purposes of determining the appropriate method for appealing a child custody
order.”). “Compliance with the discretionary appeals procedure is jurisdictional.”
Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564)
(2021) (quotation marks omitted). The Appellant’s failure to follow that procedure
deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/01/2026
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.