Awofadeju v. Akinla Divorce Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed a direct appeal in Awofadeju v. Akinla on April 22, 2026, because the appellant failed to follow the mandatory discretionary application procedure required for domestic relations cases under OCGA § 5-6-35(a)(2). The court held that compliance with this procedure is jurisdictional, and because Awofadeju filed a direct notice of appeal instead, the Court lacked authority to hear the case. The appeal is therefore dismissed without consideration of the underlying divorce judgment.
“Because Awofadeju failed to follow the requisite discretionary application procedure, this direct appeal is hereby DISMISSED.”
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What changed
The Court of Appeals dismissed the direct appeal in Awofadeju v. Akinla because the appellant failed to comply with the jurisdictional requirement that appeals from domestic relations judgments must be made by application for discretionary appeal rather than direct notice of appeal. The court applied OCGA § 5-6-35(a)(2), which mandates this procedural pathway for divorce, alimony, and other domestic relations cases. The judgment dissolving the marriage, entered December 22, 2025, was not reviewed on the merits.
Parties seeking to appeal domestic relations judgments in Georgia superior courts must first file an application for discretionary appeal with the Court of Appeals—direct appeals are not permitted in these case types. Failure to follow this procedure divests the appellate court of jurisdiction, and the appeal will be dismissed regardless of the merits underlying the judgment being appealed.
Archived snapshot
Apr 22, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 22, 2026 Get Citation Alerts Download PDF Add Note
Olufeyijimi Awofadeju v. Alufunmilola Akinla
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1426
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 22, 2026
The Court of Appeals hereby passes the following order:
A26A1426. OLUFEYIJIMI AWOFADEJU v. ALUFUNMILOLA AKINLA.
On December 22, 2025, the superior court entered a final judgment and decree
of divorce, dissolving the marriage of Olufeyijimi Awofadeju and Alufunmilola Akinla.
Awofadeju filed a notice of appeal. This Court, however, lacks jurisdiction.
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). Because Awofadeju failed to follow the requisite discretionary application
procedure, this direct appeal is hereby DISMISSED.
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.
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