Demarcus Davis v. Young Seon Jo

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 06, 2026

The Court of Appeals hereby passes the following order:

A26A1459. DEMARCUS DAVIS v. YOUNG SEON JO.

On January 6, 2026, the trial court entered a final judgment and decree of
divorce dissolving the marriage of Demarcus Davis and Young Seon Jo. Davis then
filed a notice of appeal. Jo has filed a motion to dismiss the appeal for lack of
jurisdiction. For the following reasons, we agree that we lack jurisdiction.
Appeals from “judgments or orders in divorce, alimony, and other domestic
relations cases” must be made by application for discretionary appeal. See OCGA §
5-6-35(a)(2). In his response to the motion to dismiss, Davis asks the Court to treat the
notice of appeal as an application for discretionary appeal. However, “[c]ompliance
with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human
Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, Davis failed to file an
application for discretionary appeal, and thus, we do not have jurisdiction over this
direct appeal. Accordingly, Jo’s motion to dismiss is GRANTED, and this appeal is
hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/06/2026
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.