Russell Carl Nast v. Lauren C. Nast

CourtListener 10846587Gactapp22 apr 2026

Testo completo

Court of Appeals
of the State of Georgia

ATLANTA,____________________
April 22, 2026

The Court of Appeals hereby passes the following order:

A26A1628. RUSSELL CARL NAST v. LAUREN C. NAST.

In this divorce case, Russell Carl Nast filed the instant direct appeal from the
trial court’s October 8, 2025 order confirming an arbitration award and granting a
divorce between him and Lauren Nast. Lauren Nast has filed a motion to dismiss the
appeal, arguing that the case is subject to the discretionary application procedure. We
agree.
“[G]iven that the underlying subject matter of this case was divorce, the
appropriate method for appeal from the [October 2025 order] was an application for
discretionary appeal pursuant to OCGA § 5-6-35(a)(2), which applies to appeals from
judgments or orders in divorce cases.” King v. King, 354 Ga. App. 19, 22(1) (840 SE2d
108) (2020) (footnote omitted). Because compliance with the discretionary appeals
procedure is jurisdictional, Smoak v. Dept. of Human Res., 221 Ga. App. 257, 257 (471
SE2d 60) (1996), the motion to dismiss is hereby GRANTED, and this appeal is
hereby DISMISSED.
Lauren Nast’s motion for a frivolous appeal penalty is hereby DENIED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/22/2026
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.

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