Trace McCune v. Ashton Mitchell Johnson

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 03, 2026

The Court of Appeals hereby passes the following order:

A26D0295. TRACIE MCCUNE v. ASHTON MITCHELL JOHNSON.

This case was initiated when Ashton Mitchell Johnson filed a petition seeking
to adopt his minor stepchild. See OCGA § 19-8-6. The child’s biological and putative
father, Trace McCune, objected and moved to dismiss the petition. The trial court
entered an order dismissing McCune’s motion and terminating his parental rights.1
McCune filed a motion for new trial from the termination order, which the trial court
denied. McCune has filed the instant discretionary application from the orders
terminating his parental rights and denying his motion for new trial.2 We lack
jurisdiction.
Ordinarily, a party seeking to appeal an order terminating parental rights must
file an application for discretionary appeal. See OCGA § 5-6-35(a)(12). But this is not
a termination of parental rights case; it is an adoption case. It appears that no final
order has been entered on the adoption petition. See OCGA § 5-6-34(a)(1)(B)
(providing for a direct appeal from a “final judgment[ ], that is to say, where the case
is no longer pending in the court below”). Because the adoption case remains pending

1
See OCGA § 19-8-12(f) (providing for the termination of a biological father’s
parental rights pursuant to an adoption petition).
2
Given the basis of our resolution of this case, we need not address the issue of
whether McCune’s application was timely to the termination of his parental rights and
we make no determination as to whether McCune’s motion for new trial in this
context was appropriate.
below, McCune was required to follow the interlocutory appeal procedure of OCGA
§ 5-6-34(b) in order to appeal. See Bailey v. Bailey, 266 Ga. 832, 832-833 (471 SE2d
213) (1996); Scruggs v. Ga. Dep’t of Human Res., 261 Ga. 587, 588-589 (1) (408 SE2d
103) (1991); Park v. Bailey, 329 Ga. App. 569, 571 (765 SE2d 721) (2014); Gray v.
Springs, 224 Ga. App. 427, 427 (481 SE2d 3) (1997). Because he has not done so, we
lack jurisdiction to consider this application, which is hereby DISMISSED.

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