Tommy Martin v. Georgia Department of Human Services - Appeal Dismissed

GA Court of Appeals Opinions

Filed April 2nd, 2026

Detected April 2nd, 2026

Summary

The Court of Appeals of Georgia dismissed Tommy Martin's direct appeal in a child support enforcement case. The court lacked jurisdiction because Martin failed to follow the required discretionary review procedure under OCGA § 5-6-35(a)(2). Appeals in domestic relations cases, including child support matters, must be initiated by filing an application for discretionary review rather than a direct appeal.

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What changed

The Georgia Court of Appeals dismissed Appeal No. A26A1551 for lack of jurisdiction. Tommy Martin attempted to directly appeal from a trial court order denying his motion to confirm perfected service and reinstate a child support enforcement case. The court held that because this case involves the collection of child support, it qualifies as a domestic relations case under OCGA § 5-6-35(a)(2), which requires appeals to be initiated through the discretionary review process rather than direct appeal. Compliance with the discretionary appeals procedure is jurisdictional, and Martin's failure to comply deprives the court of jurisdiction.

Practitioners and parties in Georgia child support matters should note that any appeal from judgments in domestic relations cases—including child support enforcement orders—must be initiated by filing an application for discretionary review with the Court of Appeals. Direct appeals in such cases will be dismissed for lack of jurisdiction. This procedural requirement is mandatory and cannot be waived.

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April 2, 2026 Get Citation Alerts Download PDF Add Note

TOMMY MARTIN v. GEORGIA DEPARTMENT OF HUMAN SERVICESch

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1551
Disposition: Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 02, 2026

The Court of Appeals hereby passes the following order:

A26A1551. TOMMY MARTIN v. GEORGIA DEPARTMENT OF HUMAN
SERVICES et al.

In this proceeding in which Tommy Martin sought to set aside a child support
enforcement order, Martin directly appeals from the trial court’s order denying his
“Motion to Confirm Perfected Service and to Reinstate Case.” We lack jurisdiction.
“Appeals from judgments or orders in divorce, alimony, and other domestic relations
cases” must be initiated by filing an application for discretionary review. OCGA
§ 5-6-35(a)(2), (b). Because this case involves the collection of child support, it is a
domestic relations case within the meaning of OCGA § 5-6-35(a)(2). See Booker v. Ga.
Dept. of Human Res., 317 Ga. App. 426, 427 (731 SE2d 110) (2012). Compliance with
the discretionary appeals procedure is jurisdictional. Smoak v. Dept. of Human Res.,
221 Ga. App. 257, 257 (471 SE2d 60) (1996). Thus, Martin’s failure to comply with
such 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,____________________
04/02/2026
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.