Olufeyijimi Awofadeju v. Alufunmilola Akinla
Docket A26A1426
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
- A26A1426
Appeal from a final judgment and decree of divorce in superior court, reviewed for jurisdiction over the direct appeal.
Summary
The Georgia Court of Appeals dismissed an attempted direct appeal by Olufeyijimi Awofadeju from a final divorce decree entered December 22, 2025. The court held it lacked jurisdiction because appeals in divorce and other domestic relations matters require a discretionary-appeal application under OCGA § 5-6-35, and the appellant did not follow that procedure. Because use of the discretionary-appeal process is jurisdictional, the improperly filed direct appeal could not proceed and was dismissed on April 22, 2026.
Issues Decided
- Whether a direct appeal lies from a final divorce judgment without first obtaining permission through the discretionary-appeal application required by OCGA § 5-6-35.
- Whether failure to follow the discretionary-appeal procedure deprives the Court of Appeals of jurisdiction to hear the appeal.
Court's Reasoning
The court relied on the statutory requirement that appeals in divorce and domestic relations cases must be pursued by discretionary application under OCGA § 5-6-35. Because that procedure is jurisdictional, the court cannot consider appeals filed directly instead of by application. Here, the appellant did not comply with the discretionary-appeal process, so the Court of Appeals lacked jurisdiction and dismissed the appeal.
Authorities Cited
- OCGA § 5-6-35
- Smoak v. Department of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Olufeyijimi Awofadeju
- Appellee
- Alufunmilola Akinla
- Court
- Court of Appeals of the State of Georgia
- Judge
- Clerk (certifying officer)
Key Dates
- Divorce judgment entered
- 2025-12-22
- Court of Appeals order date
- 2026-04-22
What You Should Do Next
- 1
Consider filing a discretionary-appeal application
If still timely under OCGA § 5-6-35 and any applicable rules, prepare and file the required application seeking permission to appeal a domestic relations judgment.
- 2
Consult appellate counsel
Talk with an attorney experienced in Georgia appellate and family law to confirm deadlines, evaluate grounds for discretionary review, and draft the application.
- 3
Confirm filing deadlines and procedural requirements
Verify the applicable timelines and specific form and content requirements for a discretionary-appeal application to avoid another jurisdictional dismissal.
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 application for a divorce case.
- Who is affected by this decision?
- The appellant, Olufeyijimi Awofadeju, is affected because their direct appeal cannot proceed; the appellee's position is unaffected by this dismissal.
- What happens next?
- The dismissal ends this direct appeal; the appellant may seek relief by properly filing a discretionary-appeal application if the statutory window and requirements still allow.
- Why was the appeal dismissed rather than decided on the merits?
- Because the court determined it lacked jurisdiction to hear a direct appeal in a divorce case when the law requires a discretionary-appeal application, it could not reach the substantive issues.
- Can this dismissal be challenged?
- The appropriate next step would generally be to file the required discretionary-appeal application if timely; challenging the dismissal itself without following the statutory procedure is unlikely to succeed.
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 22, 2026
The Court of Appeals hereby passes the following order:
A26A1426. OLUFEYIJIMI AWOFADEJU v. ALUFUNMILOLA AKINLA.
On December 22, 2025, the superior court entered a final judgment and decree
of divorce, dissolving the marriage of Olufeyijimi Awofadeju and Alufunmilola Akinla.
Awofadeju filed a notice of appeal. This Court, however, lacks 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), (b). Compliance with the discretionary appeals procedure is
jurisdictional. Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996). Because Awofadeju failed to follow the requisite discretionary application
procedure, this direct appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/22/2026
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.