David Fitzgibbon v. Deborah Fitzgibbon

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 22, 2026

The Court of Appeals hereby passes the following order:

A26A2130. DAVID FITZGIBBON v. DEBORAH FITZGIBBON.

Davis Fitzgibbon appeals directly to this Court from the trial court’s final
divorce decree. However, 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), (b). Compliance with the discretionary appeals procedure
is jurisdictional. Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996). Because Fitzgibbon failed to follow the requisite discretionary appeal
procedure, we lack jurisdiction to consider this direct appeal, which is hereby
DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/22/2026
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.