Larson v. Larson - Divorce Appeal Dismissed

GA Court of Appeals Opinions

Filed April 1st, 2026

Detected April 1st, 2026

Summary

The Georgia Court of Appeals dismissed a direct appeal in a divorce case because the appellant failed to follow the mandatory discretionary review procedure under OCGA § 5-6-35. Case A26A0626, Jesse James Larson v. Shaina Ann Larson, was dismissed for lack of jurisdiction.

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What changed

Jesse James Larson filed a direct appeal from a divorce decree, but the Court of Appeals dismissed it. The court held that under OCGA § 5-6-35(a)(2) and (b), appeals from divorce cases must be initiated through discretionary review, not direct appeal. The court lacked jurisdiction because Larson bypassed the required procedure.

Attorneys handling Georgia family law matters should ensure they follow the proper appellate procedure—filing an application for discretionary review rather than a direct appeal. Non-compliance results in dismissal for lack of jurisdiction.

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April 1, 2026 Get Citation Alerts Download PDF Add Note

Jesse James Larson v. Shaina Ann Larson

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A0626
Disposition: Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 01, 2026

The Court of Appeals hereby passes the following order:

A26A0626. LARSON v. LARSON.

Jesse James Larson filed this direct appeal from the trial court’s final divorce
decree. However, appeals from orders in divorce cases must be initiated by filing an
application for discretionary review. See OCGA § 5-6-35(a)(2),(b); Onyemobi v.
Onyemobi, 375 Ga. App. 538, 538–39 (916 SE2d 738) (2025); Hoover v. Hoover, 295 Ga.
132, 134 (1) (757 SE2d 838) (2014) (“Where, as here, child custody issues are ancillary
to a divorce action, the determination of child custody does not transform the case
into a ‘child custody case,’ as that phrase is used in OCGA § 5-6-34(a)(11), for
purposes of determining the appropriate method for appealing a child custody
order.”). “Compliance with the discretionary appeals procedure is jurisdictional.”
Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564)
(2021) (quotation marks omitted). The Appellant’s failure to follow that procedure
deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/01/2026
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.