Harisat Toluwaloju Fatai V Yusuf Fatai

Harisat Toluwaloju Fatai (the wife) and Yusuf Fatai (the husband) divorced, and the trial court ordered the sale of their marital home. The wife failed to comply with the order and was held in contempt. She filed a direct appeal from the contempt ruling, but the Court of Appeals dismissed it for lack of jurisdiction. Georgia law requires appeals from divorce, alimony, or domestic relations judgments—including contempt orders—to be initiated via an application for discretionary review under OCGA § 5-6-35(a)(2), (b). The wife did not file such an application, rendering her direct appeal invalid. The court cited Onyemobi v. Onyemobi (375 Ga. App. 538, 2025) to confirm compliance with discretionary appeals procedures is jurisdictional.

The court determined that appeals from judgments or orders in divorce and domestic relations cases, including contempt orders, must be initiated via an application for discretionary review. Since the wife filed a direct appeal instead, the court dismissed the case for lack of jurisdiction.

The Court of Appeals dismissed the wife's direct appeal from a contempt ruling because appeals in divorce and domestic relations cases, including contempt orders, must be initiated via an application for discretionary review. The wife failed to file such an application, making the court lack jurisdiction over her direct appeal.

The Court of Appeals dismissed the direct appeal due to lack of jurisdiction.

The Court of Appeals held that appeals from judgments or orders in divorce, alimony, and other domestic relations cases, including contempt orders, must be initiated via an application for discretionary review under OCGA § 5-6-35(a)(2), (b). Compliance with this discretionary appeals procedure is jurisdictional, as established in Onyemobi v. Onyemobi, 375 Ga. App. 538 (2025).

Onyemobi v. Onyemobi

Official Code of Georgia Annotated