What did the court decide?

The Court of Appeals dismissed the appeal because the notice of appeal was filed too late and the later trial-court order did not create a new appealable custody decision.

Who is affected by this decision?

The parties to the family case—Kentay Smith and Kyra Long—are directly affected because Smith's attempt to appeal trial-court orders was ended by this dismissal.

What happens next in the underlying case?

The trial-court orders as of October 17, 2025 remain in effect, including the confidentiality order and the denial of contempt; any further changes must be sought in the trial court.

Can this dismissal be challenged?

Because dismissal was for lack of jurisdiction due to an untimely notice, the usual remedy would be to seek relief in the trial court (for example, a post-judgment motion) rather than in the appellate court, and the window to appeal the October 17 order has passed.

Kentay Smith v. Kyra Long

Docket A26A1493

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

FamilyDismissed

Filed: Apr 21, 2026 · 1 week ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Family
Disposition: Dismissed
Docket: A26A1493

Appeal from trial court family-court orders concerning custody, confidentiality of address, and visitation following a permanent parenting plan

Summary

The Court of Appeals dismissed Kentay Smith’s appeal for lack of jurisdiction. Smith sought review of post-October 17, 2025 orders after filing a notice of appeal on March 2, 2026. The court held that the controlling final order was entered October 17, 2025, and Smith’s notice of appeal was not filed within the 30-day statutory deadline. The February 19, 2026 order merely stated the case was closed and made no new substantive custody ruling, so it was not appealable. Motions to expedite and for emergency consideration were also dismissed for lack of jurisdiction.

Issues Decided

Whether the Court of Appeals had jurisdiction when the notice of appeal was filed 136 days after the trial court's October 17, 2025 order
Whether the trial court's February 19, 2026 order (stating the rule nisi was issued in error and the case was closed) constituted an appealable substantive custody ruling

Court's Reasoning

Georgia law requires a notice of appeal within 30 days of the order to be appealed (OCGA § 5-6-38[a]), and timely filing is mandatory to confer appellate jurisdiction. The court found no new substantive custody determination in the February 19 order that would qualify it as an independently appealable order under OCGA § 5-6-34(a)(11). Because Smith's March 2 notice was untimely as to the controlling October 17 order, the appellate court lacked jurisdiction and dismissed the appeal as well as related procedural motions.

Authorities Cited

OCGA § 5-6-38(a)
OCGA § 5-6-34(a)(11)
Perlman v. Perlman318 Ga. App. 731 (2012)

Parties

Appellant: Kentay Smith
Appellee: Kyra Long
Court: Court of Appeals of the State of Georgia

Key Dates

Permanent parenting plan entered: 2025-05-01
Visitation suspended by trial court: 2025-08-01
Final order (address confidentiality granted; contempt denied): 2025-10-17
Rule nisi set for hearing: 2026-02-02
Motion for clarification filed by Smith: 2026-02-05
Order stating rule nisi issued in error / case closed: 2026-02-19
Notice of appeal filed: 2026-03-02
Court of Appeals decision dismissing appeal: 2026-04-21

What You Should Do Next

1
Consult an attorney promptly
A lawyer can assess whether any post-judgment relief (such as a timely motion in the trial court or a request for reopening based on excusable neglect) is possible given the procedural history.
2
Consider filing appropriate trial-court motions
If Smith seeks modification or clarification of custody or visitation, he should move in the trial court where the judgment remains in effect, following local family-court procedures.
3
Preserve records and deadlines
Gather and preserve all orders, filings, and service records to support any future procedural argument about timeliness or jurisdiction.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the appeal because the notice of appeal was filed too late and the later trial-court order did not create a new appealable custody decision.
Who is affected by this decision?: The parties to the family case—Kentay Smith and Kyra Long—are directly affected because Smith's attempt to appeal trial-court orders was ended by this dismissal.
What happens next in the underlying case?: The trial-court orders as of October 17, 2025 remain in effect, including the confidentiality order and the denial of contempt; any further changes must be sought in the trial court.
Can this dismissal be challenged?: Because dismissal was for lack of jurisdiction due to an untimely notice, the usual remedy would be to seek relief in the trial court (for example, a post-judgment motion) rather than in the appellate court, and the window to appeal the October 17 order has passed.

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 21, 2026

The Court of Appeals hereby passes the following order:

A26A1493. KENTAY SMITH v. KYRA LONG.

In May 2025, the trial court entered a permanent parenting plan, awarding joint
legal custody to Kentay Smith and Krya Long, the parents of a minor child, with Long
having primary physical custody. In August 2025, the trial court suspended Smith’s
visitation rights. On October 17, 2025, the trial court entered a final order, granting
Long’s motion to keep her address confidential and denying Smith’s motion for
contempt. The court then issued a rule nisi setting a hearing for February 2, 2026, and
Smith filed a motion for clarification on February 5, 2026, seeking direction regarding
the court’s previous orders. On February 19, 2026, the trial court entered an order
stating that the rule nisi was issued in error and that the case had been closed on
October 17, 2025. On March 2, 2026, Smith filed a notice of appeal. We lack
jurisdiction.
A notice of appeal must be filed within 30 days of entry of the judgment or trial
court order sought to be appealed. OCGA § 5-6-38(a). The proper and timely filing
of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this
Court. Perlman v. Perlman, 318 Ga. App. 731, 739(4) (734 SE2d 560) (2012). While
some orders in child custody cases are directly appealable under OCGA §
5-6-34(a)(11), in this case, the trial court made no new substantive custody rulings in
its February 19 order and that order is not appealable. And Smith’s March 2 notice of
appeal — filed 136 days after the court’s October 17 order — is untimely as to that
order. See OCGA § 5-6-38(a).
Accordingly, this appeal is hereby DISMISSED. Smith has also filed a motion
to expedite the appeal and a motion for emergency consideration of the motion to
expedite. Because we lack jurisdiction, those motions are likewise DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/21/2026
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.