Georgia Court of Appeals, 1985

Brandenburg v. Brandenburg

Brandenburg v. Brandenburg
Georgia Court of Appeals · Decided May 31, 1985 · Benham
175 Ga. App. 20; 332 S.E.2d 664; 1985 Ga. App. LEXIS 2004

Brandenburg v. Brandenburg

Opinion of the Court

Benham, Judge.

Appellant brought an action seeking custody of her son who was then in the custody of his father pursuant to a divorce decree. The trial judge granted the change of custody, but appellant was dissatisfied with the trial court’s award of child support, so she filed a notice of appeal in the trial court. Appellant did not, however, file an application with this court for a discretionary appeal. See OCGA § 5-6-35 (a) (2). “This court has held that appeals from orders dealing with child custody which are not filed pursuant to OCGA § 5-6-35 . . . must be dismissed for lack of jurisdiction. [Cit.]” Jones v. Warrrenfells, 166 Ga. App. 519 (305 SE2d 147) (1983).

Appeal dismissed.

Banke, C. J., and McMurray, P. J., concur.

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