Kyle Ramsey v. Kristina Ramsey - Case Dismissed for Lack of Jurisdiction
Summary
The Georgia Court of Appeals dismissed appeal case A26A1481 because it lacked jurisdiction. The respondent Kyle Ramsey filed a direct notice of appeal from a twelve-month protective order granted to Kristina Ramsey under the Family Violence Act, but Georgia law requires that appeals in domestic relations cases—including those arising under the Family Violence Act—must be initiated by filing an application for discretionary appeal. Failure to follow this mandatory procedure deprived the appellate court of jurisdiction.
What changed
The Court of Appeals dismissed the appeal because the respondent failed to follow the mandatory discretionary appeals procedure required for domestic relations cases under Georgia law (OCGA § 5-6-35(a)(2)). Rather than filing an application for discretionary appeal as required, the respondent filed a direct notice of appeal. The court held that compliance with the discretionary appeals procedure is jurisdictional, and its violation mandates dismissal.
For parties seeking to appeal protective orders or other domestic relations orders, this ruling confirms that they must file an application for discretionary appeal rather than a direct notice of appeal. Failure to follow the correct procedure results in dismissal regardless of the merits of the underlying case.
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April 15, 2026 Get Citation Alerts Download PDF Add Note
Kyle Ramsey v. Kristina Ramsey
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1481
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 15, 2026
The Court of Appeals hereby passes the following order:
A26A1481. KYLE RAMSEY v. KRISTINA RAMSEY.
After the trial court granted Kristina Ramsey a twelve-month protective order
under the Family Violence Act, OCGA § 19-13-1 et seq., respondent Kyle Ramsey
filed a notice of appeal in the trial court. We lack jurisdiction.
Appeals of orders in domestic relations cases — including actions arising under
the Family Violence Act — must be initiated by filing an application for discretionary
appeal in the appellate court. See OCGA § 5-6-35(a)(2), (b), (d); Phaneuf v. Anthony,
375 Ga. App. 636, 637 (917 SE2d 191) (2025); Court of Appeals Rule 31.1
“Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v.
Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Kyle’s failure to
follow the required appellate 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,____________________
04/15/2026
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.
1
Though Kyle states in his notice of appeal that he has filed an application for
discretionary appeal in this Court, no such filing has been docketed in this Court.
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