Demarcus Davis v. Young Seon Jo - Domestic Relations Appeal Dismissed
Summary
The Georgia Court of Appeals dismissed Demarcus Davis's appeal in Case No. A26A1459 (Davis v. Jo) for lack of jurisdiction. Davis attempted a direct appeal from a final divorce judgment when Georgia law requires domestic relations appeals to proceed via discretionary application under OCGA § 5-6-35(a)(2). The Court granted Jo's motion to dismiss, ending Davis's appeal.
What changed
The Court of Appeals dismissed Davis's appeal because appeals from domestic relations judgments—including divorce decrees—must be made by application for discretionary appeal under OCGA § 5-6-35(a)(2), not by direct notice of appeal. Davis failed to file the required discretionary application, which the Court held is a jurisdictional prerequisite. The Court rejected Davis's request to treat his notice of appeal as a discretionary application.
Practitioners handling domestic relations matters in Georgia must ensure compliance with the discretionary appeals procedure for divorce and alimony cases. Davis retains the option to file a proper application for discretionary appeal, though he faces procedural obstacles. The underlying divorce judgment remains in effect pending any properly filed appeal.
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Apr 7, 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 6, 2026 Get Citation Alerts Download PDF Add Note
Demarcus Davis v. Young Seon Jo
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1459
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 06, 2026
The Court of Appeals hereby passes the following order:
A26A1459. DEMARCUS DAVIS v. YOUNG SEON JO.
On January 6, 2026, the trial court entered a final judgment and decree of
divorce dissolving the marriage of Demarcus Davis and Young Seon Jo. Davis then
filed a notice of appeal. Jo has filed a motion to dismiss the appeal for lack of
jurisdiction. For the following reasons, we agree that we lack 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). In his response to the motion to dismiss, Davis asks the Court to treat the
notice of appeal as an application for discretionary appeal. However, “[c]ompliance
with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human
Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, Davis failed to file an
application for discretionary appeal, and thus, we do not have jurisdiction over this
direct appeal. Accordingly, Jo’s motion to dismiss is GRANTED, and this appeal is
hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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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