Edie-Jane Clarke v. Tammy Clarke, as of the Estate of Charles W. Clarke

Court of Appeals
of the State of Georgia

ATLANTA,____________________
May 22, 2026

The Court of Appeals hereby passes the following order:

A26A2022. EDIE-JANE CLARKE v. TAMMY CLARKE, AS EXECUTRIX OF
THE ESTATE OF CHARLES W. CLARKE.

Edie-Jane Clarke and Charles W. Clarke were divorced in 2017. The divorce
decree incorporated a settlement agreement that required Charles to transfer the
marital home to Edie-Jane in exchange for Edie-Jane’s payment of $37,500. Edie-Jane
never made the payment, and Charles never transferred the property. In 2018, Charles
became incapacitated, and his daughter, Tammy L. Clarke, was appointed as his
guardian and conservator. Edie-Jane sued Tammy for quiet title to the property, but
the trial court denied the petition on the ground that Edie-Jane’s payment of the
money was a condition precedent to her receipt of title. Edie-Jane filed an application
for discretionary review in this Court, which we granted. See Case No. A22D0431
(Jul. 12, 2022). We subsequently affirmed the trial court in an unpublished opinion.
Clarke v. Clarke, Case No. A23A0012 (Apr. 4, 2023). At some point, Charles died,
and Tammy inherited his interest in the property.
In 2023, Tammy filed a petition against Edie-Jane, alleging that she was in
contempt of the divorce decree because she still had not paid the $37,500. The trial
court ruled Edie-Jane was not in contempt , and Tammy filed a motion for
reconsideration. The trial court granted that motion and determined that Edie-Jane
was, in fact, in contempt. Edie-Jane then filed a motion to set aside the trial court’s
contempt ruling on several grounds, including under OCGA § 9-11-60(d). The trial
court denied the motion, and Edie-Jane filed this direct appeal. We, however, lack
jurisdiction.
Under OCGA § 5-6-35(a)(2), appeals from “judgments or orders in divorce,
alimony, and other domestic relations cases” including orders “holding or declining
to hold persons in contempt” of such orders must be made by application for
discretionary appeal. Because the underlying order that Edie-Jane wishes to appeal
found her in contempt of a divorce decree, she had no right of direct appeal, but
instead was required to file an application for discretionary review. See Russo v.
Manning, 252 Ga. 155, 155–56 (312 SE2d 319) (1984) (holding that order finding party
in contempt of divorce decree was appealable only by application for discretionary
review). Furthermore, an appeal from the denial of a motion to set aside under OCGA
§ 9-11-60(d) also must be initiated by filing an application for discretionary review.
OCGA § 5-6-35(a)(8); Lemcon USA Corp. v. Icon Tech. Consulting, 301 Ga. 888, 892
(804 SE2d 347) (2017). “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996). Edie-Jane’s failure to follow the required appellate procedure deprives us of
jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/22/2026
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.