Kyle Ramsey v. Kristina Ramsey
Docket A26A1481
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
- A26A1481
Direct appeal from a trial court order granting a twelve-month protective order under the Family Violence Act
Summary
The Court of Appeals dismissed Kyle Ramsey’s direct appeal of a twelve-month protective order granted to Kristina Ramsey under Georgia’s Family Violence Act for lack of jurisdiction. The court explained that appeals in domestic relations and Family Violence Act matters must be pursued by filing an application for discretionary appeal in the appellate court rather than by a trial-court notice of appeal. Because Kyle did not follow the mandatory discretionary-appeal procedure, the Court concluded it lacked jurisdiction and dismissed the appeal.
Issues Decided
- Whether the Court of Appeals has jurisdiction over a direct appeal of a protective order in a domestic relations/Family Violence Act case when the appellant filed a notice of appeal in the trial court instead of an application for discretionary appeal in the appellate court.
- Whether failure to follow the discretionary-appeal procedure is jurisdictional.
Court's Reasoning
Georgia law and precedent require that appeals in domestic relations matters, including Family Violence Act cases, be initiated by filing an application for discretionary appeal in the appellate court. The court treated that procedural route as jurisdictional, and because Kyle filed only a trial-court notice of appeal and no docketed discretionary-appeal application existed, the Court lacked jurisdiction to hear the direct appeal. Therefore the appeal was dismissed.
Authorities Cited
- OCGA § 5-6-35
- Phaneuf v. Anthony375 Ga. App. 636 (2025)
- Smoak v. Dep’t of Human Res.221 Ga. App. 257 (1996)
- Court of Appeals Rule 31.1
Parties
- Appellant
- Kyle Ramsey
- Appellee
- Kristina Ramsey
- Judge
- Court of Appeals of the State of Georgia (panel)
Key Dates
- Court order date
- 2026-04-15
What You Should Do Next
- 1
File an application for discretionary appeal
Prepare and file an application for discretionary appeal in the Court of Appeals under OCGA § 5-6-35, complying with Court of Appeals Rule 31.1 and applicable filing requirements.
- 2
Consult an appellate attorney
Contact counsel experienced in Georgia appellate and family violence procedure to confirm the correct filings, deadlines, and grounds for discretionary review.
- 3
Confirm docketing and service
After filing the discretionary-appeal application, verify that the application is docketed in the appellate court and that opposing counsel/parties are properly served.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the direct appeal because the appellant used the wrong procedure and the court therefore had no jurisdiction to decide the appeal.
- Who is affected by this decision?
- The immediate parties are Kyle Ramsey (the appellant) and Kristina Ramsey (the protected party); the dismissal affects Kyle’s ability to have this court review the protective order until he follows the correct procedure.
- What must the appellant do next to seek review?
- To pursue appellate review, the appellant must file an application for discretionary appeal in the Court of Appeals in accordance with OCGA § 5-6-35 and Court of Appeals rules.
- Can this dismissal be appealed?
- The dismissal was for lack of jurisdiction due to procedural defect. The appellant's next practical step is to file the required discretionary-appeal application rather than attempt to appeal the dismissal itself.
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 15, 2026
The Court of Appeals hereby passes the following order:
A26A1481. KYLE RAMSEY v. KRISTINA RAMSEY.
After the trial court granted Kristina Ramsey a twelve-month protective order
under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Kyle Ramsey
filed a notice of appeal in the trial court. We lack jurisdiction.
Appeals of orders in domestic relations cases — including actions arising under
the Family Violence Act — must be initiated by filing an application for discretionary
appeal in the appellate court. See OCGA § 5-6-35(a)(2), (b), (d); Phaneuf v. Anthony,
375 Ga. App. 636, 637 (917 SE2d 191) (2025); Court of Appeals Rule 31.1
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v.
Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Kyle’s failure to
follow the required appellate procedure deprives us of jurisdiction over this direct
appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/15/2026
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.
1
Though Kyle states in his notice of appeal that he has filed an application for
discretionary appeal in this Court, no such filing has been docketed in this Court.