Susanne E. Krupa v. Timothy E. McLane
Docket A26A1580
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
- A26A1580
Appeal from a final judgment and decree of divorce in superior court
Summary
The Georgia Court of Appeals dismissed Susanne E. Krupa’s direct appeal from a final divorce decree because appeals in divorce and other domestic relations cases must be pursued by discretionary application under OCGA § 5-6-35. Krupa filed a notice of appeal rather than the required discretionary application, and the court held that compliance with the discretionary appeals procedure is jurisdictional. Because Krupa did not follow that procedure, the court granted Timothy E. McLane’s motion to dismiss and dismissed the appeal.
Issues Decided
- Whether a direct appeal is proper from a final divorce decree or whether the appeal must be brought by discretionary application under OCGA § 5-6-35.
- Whether failure to follow the discretionary-appeal procedure deprives the Court of Appeals of jurisdiction.
Court's Reasoning
Georgia law requires appeals from judgments in divorce and other domestic relations matters to proceed by discretionary application under OCGA § 5-6-35, and the Court of Appeals treats compliance with that procedure as jurisdictional. Because Krupa filed a notice of appeal instead of making the required discretionary application, the court concluded it lacked jurisdiction to hear the direct appeal. That procedural defect compelled dismissal.
Authorities Cited
- OCGA § 5-6-35
- Smoak v. Department of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Susanne E. Krupa
- Appellee
- Timothy E. McLane
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- divorce judgment date
- 2025-08-04
- opinion date
- 2026-04-27
What You Should Do Next
- 1
Consult an attorney about appellate procedure
Talk with counsel immediately to determine whether a discretionary application under OCGA § 5-6-35 can still be filed and to confirm any applicable deadlines.
- 2
Prepare and file a discretionary application if available
If time permits under Georgia appellate rules, prepare the required discretionary application explaining why the appeal warrants review and submit it according to the Court of Appeals’ rules.
- 3
Confirm superior court judgment status
Ensure compliance with the superior court’s final decree while appellate options are evaluated, including any obligations for support, property division, or other orders.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the direct appeal because appeals in divorce cases must be brought by discretionary application, and the appellant filed a notice of appeal instead.
- Who is affected by this decision?
- The parties to the divorce, Susanne E. Krupa (the appellant) and Timothy E. McLane (the appellee), are directly affected; the superior court’s divorce judgment remains in effect.
- What happens next for the appellant?
- Because the appeal was dismissed for lack of jurisdiction, the appellant may consider seeking review by following the discretionary application procedure if time and rules allow.
- Can this dismissal be appealed?
- The order dismissed the direct appeal for lack of jurisdiction; the appropriate next step would be to file a discretionary application with the Court of Appeals if the rules and deadlines permit, rather than filing a new direct appeal.
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 27, 2026
The Court of Appeals hereby passes the following order:
A26A1580. SUSANNE E. KRUPA v. TIMOTHY E. MCLANE.
On August 4, 2025, the superior court entered a final judgment and decree of
divorce, dissolving the marriage of Susanne E. Krupa and Timothy E. McLane. Krupa
filed a notice of appeal and McLane has filed a motion to dismiss, contending that this
Court lacks jurisdiction. For the reason set forth below, we agree.
Pretermitting the argument McLane raises that Krupa’s pro se notice of appeal
was a nullity because she was represented by counsel, 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).
Accordingly, because Krupa failed to follow the requisite discretionary
application procedure, we hereby GRANT McLane’s motion to dismiss and
DISMISS this direct appeal.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/27/2026
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.