Schunk v. Toney - Appeal Dismissed

GA Court of Appeals Opinions

Filed March 2nd, 2026

Detected March 2nd, 2026

Summary

The Court of Appeals of Georgia dismissed the direct appeal filed by Tyler Christian Schunk against Makayla Brooke Toney. The dismissal was due to the appellant's failure to follow the required procedure for discretionary appeals in domestic relations cases.

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What changed

The Court of Appeals of Georgia has dismissed the direct appeal in the case of Tyler Christian Schunk v. Makayla Brooke Toney. The dismissal, docketed as A26A1184, was granted upon motion by the appellee, Makayla Brooke Toney, who argued the appellate court lacked jurisdiction. The court agreed, citing the requirement for a discretionary appeal application in domestic relations cases, which was not filed by the appellant.

This ruling means the underlying action concerning the legitimation of P. C. S. will not be reviewed by the Court of Appeals. For legal professionals, this serves as a reminder of the jurisdictional requirements for appeals in domestic relations matters in Georgia. Failure to comply with the discretionary appeal procedure mandates dismissal.

What to do next

Ensure all domestic relations appeals in Georgia strictly adhere to the discretionary appeal application procedure.

Source document (simplified)

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Tyler Christian Schunk v. Makayla Brooke Toney

Court of Appeals of Georgia

Citations: None known
Docket Number: A26A1184
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,____________________
March 02, 2026

The Court of Appeals hereby passes the following order:

A26A1184. TYLER CHRISTIAN SCHUNK v. MAKAYLA BROOKE TONEY.

Tyler Christian Schunk, the biological father of P. C. S., filed the underlying
action against the child’s biological mother, Makayla Brooke Toney, seeking to
legitimate P. C. S. The trial court denied Schunk’s petition, and he filed this direct
appeal. Toney has moved to dismiss the appeal, arguing that this Court lacks
jurisdiction. We agree.
A legitimation action is a domestic relations case, and appeals in domestic
relations cases must be initiated by filing an application for discretionary appeal.
OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450)
(2013). Compliance with the discretionary appeals procedure is jurisdictional. Hair
Restoration Specialists v. State of Georgia, 360 Ga. App. 901, 903 (862 SE2d 564)
(2021). Thus, “[f]ailure to file an application when one is necessary requires that the
appeal be dismissed.” Evans v. Jackson, 368 Ga. App. 170, 173(1) (889 SE2d 343)
(2023) (citation and punctuation omitted).
Given our lack of jurisdiction, Toney’s motion to dismiss is GRANTED and
this appeal is DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
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.