TOMMY MARTIN v. GEORGIA DEPARTMENT OF HUMAN SERVICESch
Docket A26A1551
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
- A26A1551
Direct appeal from the trial court's order denying a motion to confirm service and to reinstate a child support enforcement case
Summary
The Court of Appeals dismissed Tommy Martin’s direct appeal of a trial court order denying his motion to confirm service and reinstate a child support enforcement case because the court lacked jurisdiction. Georgia law requires appeals in domestic relations matters, including child support collection, to proceed by application for discretionary review. Martin used a direct appeal rather than the required discretionary-review procedure, and that failure is jurisdictional, so the Court of Appeals dismissed the appeal without addressing the merits.
Issues Decided
- Whether the Court of Appeals has jurisdiction to hear a direct appeal in a child support enforcement matter
- Whether a child support collection action qualifies as a domestic relations case requiring discretionary review under OCGA § 5-6-35(a)(2)
Court's Reasoning
OCGA § 5-6-35 requires that appeals from orders in domestic relations matters be initiated by application for discretionary review. The court concluded that child support collection is a domestic relations matter under that statute, relying on precedent treating such matters similarly. Compliance with the discretionary-review procedure is jurisdictional, so the court cannot consider a direct appeal that fails to follow that procedure.
Authorities Cited
- OCGA § 5-6-35
- Booker v. Georgia Department of Human Resources317 Ga. App. 426 (731 SE2d 110) (2012)
- Smoak v. Department of Human Resources221 Ga. App. 257 (471 SE2d 60) (1996)
Parties
- Appellant
- Tommy Martin
- Appellee
- Georgia Department of Human Services
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- Court of Appeals decision date
- 2026-04-02
What You Should Do Next
- 1
Consider filing for discretionary review
If permitted under the appellate rules and time limits, file an application for discretionary review with the Court of Appeals to seek review of the trial court's order.
- 2
Consult an attorney about procedural options
Talk with counsel to determine whether the dismissal can be remedied, whether rehearing or reconsideration is available, and to confirm deadlines and strategy.
- 3
Pursue trial-court post-judgment relief if applicable
Evaluate whether to return to the trial court to seek relief such as a motion to reinstate or other available remedies before seeking appellate review.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the direct appeal because the appellant failed to use the required discretionary-review procedure for domestic relations cases.
- Who is affected by this decision?
- Tommy Martin, who sought to challenge the denial of his motion in a child support enforcement case, and any party attempting a direct appeal in similar child support matters in Georgia.
- What happens next for the appellant?
- Martin may seek relief by filing an application for discretionary review in the Court of Appeals if the rules allow, or pursue other appropriate post-judgment remedies in the trial court.
- Why was the appeal dismissed instead of decided on the merits?
- Georgia law treats compliance with the discretionary-review procedure as jurisdictional for domestic relations appeals, so the appellate court cannot reach the merits when the procedure is not followed.
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 02, 2026
The Court of Appeals hereby passes the following order:
A26A1551. TOMMY MARTIN v. GEORGIA DEPARTMENT OF HUMAN
SERVICES et al.
In this proceeding in which Tommy Martin sought to set aside a child support
enforcement order, Martin directly appeals from the trial court’s order denying his
“Motion to Confirm Perfected Service and to Reinstate Case.” We lack jurisdiction.
“Appeals from judgments or 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). Because this case involves the collection of child support, it is a
domestic relations case within the meaning of OCGA § 5-6-35(a)(2). See Booker v. Ga.
Dept. of Human Res., 317 Ga. App. 426, 427 (731 SE2d 110) (2012). Compliance with
the discretionary appeals procedure is jurisdictional. Smoak v. Dept. of Human Res.,
221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Martin’s failure to comply with
such 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,____________________
04/02/2026
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.