Gino Miller v. Nicole Adams - Case Dismissed

GA Court of Appeals Opinions

Filed February 17th, 2026

Detected February 26th, 2026

Summary

The Georgia Court of Appeals dismissed Gino Miller's direct appeal in the case Gino Miller v. Nicole Adams. The dismissal was due to Miller's failure to follow the required discretionary appeal procedures after his legitimation petition was dismissed by the trial court.

View original document View source feed page

What changed

The Georgia Court of Appeals has dismissed the direct appeal filed by Gino Miller in the case Gino Miller v. Nicole Adams (Docket Number A26A1221). The dismissal stems from Miller's failure to comply with the court's order to respond to discovery requests, which led to the trial court dismissing his legitimation petition and awarding attorney fees to Nicole Adams. The appellate court found that Miller failed to follow the mandatory discretionary appeal procedure required for domestic relations cases not involving child custody rulings, thus depriving the court of jurisdiction.

This ruling signifies that the appellate court's jurisdiction is contingent upon strict adherence to procedural rules, particularly the discretionary appeal process in domestic relations matters. For legal professionals involved in similar cases, this serves as a reminder of the critical importance of following correct appellate procedures to avoid dismissal. There are no further compliance actions required by regulated entities as this is a specific case outcome.

Penalties

Awarded attorney fees to Nicole Adams

Source document (simplified)

Support FLP

CourtListener is a project of Free
Law Project, a federally-recognized 501(c)(3) non-profit. Members help support our work and get special access to features.

Please become a member today.

Join Free.law Now

Feb. 17, 2026 Get Citation Alerts Download PDF Add Note

Gino Miller v. Nicole Adams

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1221
Disposition: Dismissed
Opinion
Authorities (3)
Cited By (0)
Summaries (0)
Similar Cases (0)
PDF

Disposition

Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 17, 2026

The Court of Appeals hereby passes the following order:

A26A1221. GINO MILLER v. NICOLE ADAMS.

Gino Miller filed a petition for legitimation, in which he sought joint legal and
physical custody of a minor child. After Miller failed to comply with the court’s order
to respond to discovery requests, the trial court dismissed his petition and awarded
Nicole Adams attorney fees. Miller thereafter filed this direct appeal. We lack
jurisdiction.
As a general rule, appeals in domestic relations cases — including legitimation
actions — must be initiated by filing an application for discretionary review. See
OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450)
(2013). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody
orders, when the order at issue on appeal does not involve child custody rulings, the
appeal in a domestic relations case must be brought by discretionary application.
Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). The order Miller seeks to
appeal does not involve any custody rulings, but rather is a dismissal of his legitimation
action. Therefore, Miller was required to file a discretionary application. See Voyles,
301 Ga. at 47. “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996).
Miller’s failure to follow the discretionary appeal procedures deprives this
Court of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/17/2026
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.