Gino Miller v. Nicole Adams

Court of Appeals
of the State of Georgia

ATLANTA,____________________
February 17, 2026

The Court of Appeals hereby passes the following order:

A26A1221. GINO MILLER v. NICOLE ADAMS.

Gino Miller filed a petition for legitimation, in which he sought joint legal and
physical custody of a minor child. After Miller failed to comply with the court’s order
to respond to discovery requests, the trial court dismissed his petition and awarded
Nicole Adams attorney fees. Miller thereafter filed this direct appeal. We lack
jurisdiction.
As a general rule, appeals in domestic relations cases — including legitimation
actions — must be initiated by filing an application for discretionary review. See
OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450)
(2013). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody
orders, when the order at issue on appeal does not involve child custody rulings, the
appeal in a domestic relations case must be brought by discretionary application.
Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). The order Miller seeks to
appeal does not involve any custody rulings, but rather is a dismissal of his legitimation
action. Therefore, Miller was required to file a discretionary application. See Voyles,
301 Ga. at 47. “Compliance with the discretionary appeals procedure is
jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996).
Miller’s failure to follow the discretionary appeal procedures deprives this
Court of jurisdiction over this direct appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
02/17/2026
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.