George McKenzie v. Caela Larochester

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 10, 2026

The Court of Appeals hereby passes the following order:

A26D0321. GEORGE MCKENZIE v. CAELA LAROCHESTER.

George McKenzie and Caela Larochester are the parents of a minor child.
Larochester brought an action for modification of custody and child support and for
contempt, and the trial court entered two orders on November 4, 2025, resolving the
custody and support issues and holding McKenzie in contempt. On January 23, 2026,
McKenzie filed this application for discretionary appeal, seeking to appeal those
rulings. We, however, lack jurisdiction.
To be timely, a discretionary application must be filed within 30 days of entry
of the order sought to be appealed. OCGA § 5-6-35(d). The requirements of OCGA
§ 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not
made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57)
(1989). McKenzie filed this application 80 days after entry of the orders he wishes to
appeal.1 The application is thus untimely, and it is hereby DISMISSED.

1
McKenzie contends that he mistakenly filed his application in the superior
court. But OCGA § 5-6-35(d) explicitly requires an application for discretionary
appeal be filed in the appellate court. To the extent McKenzie filed a notice of appeal
in the superior court, that appeal should be transmitted to this Court at which point
we will address our jurisdiction over the direct appeal.
McKenzie has also filed two motions to stay. Because we lack jurisdiction, those
motions are likewise DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/10/2026
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.