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Davidson v. Callaway

Appellant failed to follow discretionary appeal procedures following the award of attorneys' fees to her ex-husband in a domestic relations case.

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This Court granted an earlier application for discretionary appeal in this domestic relations matter, and remanded for the trial court to clarify its basis for an award of attorney fees. On remand, the trial court explained that it awarded fees to appellee because he prevailed at trial. Appellant has now brought a direct appeal from that ruling, claiming error. As explained below, however, we cannot reach the merits of appellant’s argument, because this matter must be dismissed for failure to follow the mandatory discretionary appeal procedures of OCGA § 5-6-35.

After the parties’ divorce, ex-wife Lisa Davidson filed a motion with the trial court, claiming that the increased income of her ex-husband, Kenneth Callaway, warranted an upward modification of his child support obligations. Kenneth answered, claiming that his income had actually decreased since the couple’s divorce. Kenneth counterclaimed for a reduction in child support payments, and also sought attorney fees. A trial was held, at which Kenneth did not assert his claim for a downward modification, and that issue was not submitted to the jury. Kenneth did, however, reserve his claim for attorney fees before the verdict was announced. The jury found that no upward modification was warranted, and that Kenneth’s support payments should remain unchanged.

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