What did the court decide?

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

Who is affected by this decision?

The appellant (Husband) is affected because his appeal was dismissed; the underlying divorce judgment remains in effect.

What was the legal reason for dismissal?

Georgia law requires appeals in divorce and other domestic relations cases to be initiated by an application for discretionary review, and failing to do so deprives the Court of Appeals of jurisdiction.

Can this decision be appealed further?

Because the Court of Appeals dismissed for lack of jurisdiction, the affected party may consider seeking relief in the Supreme Court of Georgia or refiling using the proper discretionary-review procedure if timely and permitted.

Seyed Asadollah Sharifian v. Ashraf Sadat Safari

Docket A26A1466

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

FamilyDismissed

Filed: Apr 13, 2026 · 2 weeks ago
Jurisdiction: Georgia
Court: Court of Appeals of Georgia
Type: Opinion
Case type: Family
Disposition: Dismissed
Docket: A26A1466

Direct appeal from a final judgment and decree of divorce

Summary

The Georgia Court of Appeals dismissed Husband’s direct appeal from a final divorce judgment for lack of jurisdiction. The court explained that appeals in divorce and related domestic relations matters must be initiated by filing an application for discretionary review under OCGA § 5-6-35, and that compliance with that procedure is jurisdictional. Because Husband did not follow the required discretionary-appeal procedure, the Court of Appeals concluded it could not consider the appeal and dismissed the case.

Issues Decided

Whether the Court of Appeals has jurisdiction over a direct appeal from a final divorce judgment when the appellant did not file an application for discretionary review.
Whether failure to follow the discretionary appeals procedure under OCGA § 5-6-35 is jurisdictional in domestic relations appeals.

Court's Reasoning

The court relied on OCGA § 5-6-35, which requires appeals in divorce and related domestic relations cases to proceed by an application for discretionary review. Because jurisdiction to hear such appeals depends on following that statutory procedure, the appellant’s failure to file the required application meant the Court of Appeals lacked jurisdiction. Therefore the appeal had to be dismissed rather than decided on the merits.

Authorities Cited

OCGA § 5-6-35
Hair Restoration Specialists v. State of Ga.360 Ga. App. 901 (862 SE2d 564) (2021)

Parties

Appellant: Syed Adadollah Sharifian
Appellee: Ashraf Sadat Safari
Judge: Court of Appeals of the State of Georgia

Key Dates

Court order date: 2026-04-13

What You Should Do Next

1
Consult an attorney about options
Talk with family-law counsel to determine whether an application for discretionary review or another remedy to challenge the divorce judgment is available and timely under Georgia rules.
2
Consider filing an application for discretionary review
If the deadline has not passed and the case fits the statutory criteria, prepare and file the required OCGA § 5-6-35 application to invoke appellate jurisdiction.
3
Verify deadlines and preservation
Confirm applicable appeal deadlines and whether any procedural missteps can be cured or excused; preserve the record and grounds for review in case further appellate action is pursued.

Frequently Asked Questions

What did the court decide?: The Court of Appeals dismissed the direct appeal because the appellant did not follow the required discretionary-review procedure for divorce-related appeals.
Who is affected by this decision?: The appellant (Husband) is affected because his appeal was dismissed; the underlying divorce judgment remains in effect.
What was the legal reason for dismissal?: Georgia law requires appeals in divorce and other domestic relations cases to be initiated by an application for discretionary review, and failing to do so deprives the Court of Appeals of jurisdiction.
Can this decision be appealed further?: Because the Court of Appeals dismissed for lack of jurisdiction, the affected party may consider seeking relief in the Supreme Court of Georgia or refiling using the proper discretionary-review procedure if timely and permitted.

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 13, 2026

The Court of Appeals hereby passes the following order:

A26A1466. SEYED ASADOLLAH SHARIFIAN v. ASHRAF SADAT SAFARI.

Syed Adadollah Sharifian (“Husband”) and Ashraf Sadat Safari (“Wife”) were
divorced pursuant to a final judgment and decree of divorce. Following entry of the
judgment, Husband filed this direct appeal. We lack jurisdiction.
Appeals from orders in “divorce, alimony, and other domestic relations cases,”
must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a)
(2), (b). Compliance with the discretionary appeals procedure is jurisdictional. Hair
Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021).
Consequently, Husband’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,____________________
04/13/2026
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.