Randy Harling Jr. v. Laquinta N. Carter - Dismissed for Lack of Jurisdiction
Summary
The Georgia Court of Appeals dismissed appeals in Case Nos. A26A1485 and A26A1448 for lack of jurisdiction. The father Randy Harling Jr. and his counsel Bataski Bailey appealed an award of $5,005 in OCGA § 9-15-14(b) attorney fees arising from domestic relations proceedings, but failed to comply with the mandatory discretionary review procedure required under OCGA § 5-6-35(a)(2) and (a)(10).
What changed
The Georgia Court of Appeals dismissed appeals from Randy Harling Jr. and his counsel Bataski Bailey because they failed to comply with the mandatory discretionary appeals procedure under OCGA § 5-6-35. Appeals from domestic relations cases and orders awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review rather than a direct appeal. The court held that compliance with this procedure is jurisdictional, and because the appellants failed to follow it, the court lacked jurisdiction to hear the appeals.
Attorneys and litigants appealing domestic relations orders or OCGA § 9-15-14 attorney fee awards in Georgia must use the discretionary review process. Failure to follow this procedural requirement results in dismissal, as demonstrated here. This ruling reinforces that the discretionary appeals procedure is mandatory and jurisdictional, not merely directory.
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April 16, 2026 Get Citation Alerts Download PDF Add Note
Randy Harling, Jr. v. Laquinta N. Carter
Court of Appeals of Georgia
- Citations: None known
- Docket Number: A26A1485
Disposition: Dismissed
Disposition
Dismissed
Combined Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 16, 2026
The Court of Appeals hereby passes the following order:
A26A1448. BATASKI BAILEY v. LAQUINTA N. CARTER.
A26A1485. RANDY HARLING, JR. v. LAQUINTA N. CARTER.
In these domestic relations proceedings, the trial court entered an order in
March 2025, finding Randy Harling, Jr. (the “father”) in contempt. The court denied
the father’s motion for new trial, and, on February 2, 2026, issued an order awarding
the mother, Laquinta N. Carter, $5,005 in OCGA § 9-15-14(b) attorney fees. In the
February 2 order, the court found that the proceedings had been unnecessarily
expanded by actions and omissions of the father and his former counsel, Bataski
Bailey, ordering the father to pay $2,505 of the award, and Bailey to pay $2,500. The
father and Bailey then each filed a direct appeal of the award, docketed as Case Nos.
A26A1448 and A26A1485, respectively. We, however, lack jurisdiction.
Appeals from judgments or orders in domestic relations cases, including orders
holding persons in contempt of such orders, must be initiated by filing an application
for discretionary review. OCGA § 5-6-35(a)(2), (b); Russo v. Manning, 252 Ga. 155,
156 (312 SE2d 319) (1984). Additionally, appeals from orders awarding OCGA §
9-15-14 attorney fees also must be initiated by filing an application for discretionary
review. OCGA § 5-6-35(a)(10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App.
840, 841–42 (560 SE2d 730) (2002). “Compliance with the discretionary appeals
procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257
(471 SE2d 60) (1996).
Here, the father and Bailey failed to comply with the required discretionary
appeals procedure. Thus, these appeals are hereby DISMISSED for lack of
jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/16/2026
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.
Named provisions
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