Russell Carl Nast v. Lauren C. Nast
Docket A26A1628
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
- A26A1628
Direct appeal from the trial court’s October 8, 2025 order confirming an arbitration award and granting a divorce
Summary
The Georgia Court of Appeals dismissed Russell Carl Nast’s direct appeal of the trial court’s October 8, 2025 order confirming an arbitration award and granting a divorce because appeals in divorce cases must proceed by discretionary-appeal application under OCGA § 5-6-35(a)(2). The court concluded the proper procedure was an application for discretionary appeal, and that procedure is jurisdictional, so the court lacked jurisdiction to hear the direct appeal. The court granted the motion to dismiss and denied the respondent’s request for a frivolous-appeal penalty.
Issues Decided
- Whether a direct appeal was proper from a trial court order in a divorce case confirming an arbitration award and granting a divorce
- Whether the discretionary-appeal procedure under OCGA § 5-6-35(a)(2) is jurisdictional for appeals in divorce cases
Court's Reasoning
The court relied on precedent holding that appeals from judgments or orders in divorce cases must proceed by application for discretionary appeal under OCGA § 5-6-35(a)(2). Because compliance with the discretionary-appeal procedure is jurisdictional, failure to use that process deprives the Court of Appeals of jurisdiction to hear a direct appeal. Applying those principles to the present facts, the court dismissed the improperly filed direct appeal.
Authorities Cited
- OCGA § 5-6-35(a)(2)
- King v. King354 Ga. App. 19 (840 SE2d 108) (2020)
- Smoak v. Dept. of Human Res.221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Russell Carl Nast
- Appellee
- Lauren C. Nast
- Court
- Court of Appeals of the State of Georgia
Key Dates
- trial court order date
- 2025-10-08
- court of appeals decision date
- 2026-04-22
What You Should Do Next
- 1
Consider filing a discretionary-appeal application
If the appellant wishes to pursue review, he should prepare and file an application for discretionary appeal under OCGA § 5-6-35(a)(2), ensuring compliance with all procedural requirements and deadlines.
- 2
Consult an appellate attorney
Engage appellate counsel to evaluate grounds for discretionary review, to draft the application, and to advise on any timing or jurisdictional issues.
- 3
Preserve the record in the trial court
Ensure the trial-court record and any transcripts needed for the discretionary-appeal application are complete and available for submission.
Frequently Asked Questions
- Why was the appeal dismissed?
- The Court of Appeals said divorce orders must be appealed by filing an application for discretionary appeal under OCGA § 5-6-35(a)(2); because the appellant filed a direct appeal instead, the court lacked jurisdiction and dismissed the case.
- Who is affected by this decision?
- The dismissal affects Russell Carl Nast, who filed the direct appeal; it leaves the trial court’s October 8, 2025 order confirming the arbitration award and granting the divorce intact for now.
- What happens next if the appellant wants to challenge the order?
- The appellant should seek review by filing an application for discretionary appeal under OCGA § 5-6-35(a)(2) in the Court of Appeals, following the specific procedural requirements for such applications.
- Was the appellee’s request for a frivolous-appeal penalty granted?
- No. The court denied the motion for a frivolous-appeal penalty.
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:
A26A1628. RUSSELL CARL NAST v. LAUREN C. NAST.
In this divorce case, Russell Carl Nast filed the instant direct appeal from the
trial court’s October 8, 2025 order confirming an arbitration award and granting a
divorce between him and Lauren Nast. Lauren Nast has filed a motion to dismiss the
appeal, arguing that the case is subject to the discretionary application procedure. We
agree.
“[G]iven that the underlying subject matter of this case was divorce, the
appropriate method for appeal from the [October 2025 order] was an application for
discretionary appeal pursuant to OCGA § 5-6-35(a)(2), which applies to appeals from
judgments or orders in divorce cases.” King v. King, 354 Ga. App. 19, 22(1) (840 SE2d
108) (2020) (footnote omitted). Because compliance with the discretionary appeals
procedure is jurisdictional, Smoak v. Dept. of Human Res., 221 Ga. App. 257, 257 (471
SE2d 60) (1996), the motion to dismiss is hereby GRANTED, and this appeal is
hereby DISMISSED.
Lauren Nast’s motion for a frivolous appeal penalty is hereby DENIED.
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.