Tyler Christian Schunk v. Makayla Brooke Toney

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 02, 2026

The Court of Appeals hereby passes the following order:

A26A1184. TYLER CHRISTIAN SCHUNK v. MAKAYLA BROOKE TONEY.

Tyler Christian Schunk, the biological father of P. C. S., filed the underlying
action against the child’s biological mother, Makayla Brooke Toney, seeking to
legitimate P. C. S. The trial court denied Schunk’s petition, and he filed this direct
appeal. Toney has moved to dismiss the appeal, arguing that this Court lacks
jurisdiction. We agree.
A legitimation action is a domestic relations case, and appeals in domestic
relations cases must be initiated by filing an application for discretionary appeal.
OCGA § 5-6-35(a)(2), (b); Numanovic v. Jones, 321 Ga. App. 763, 764 (743 SE2d 450)
(2013). Compliance with the discretionary appeals procedure is jurisdictional. Hair
Restoration Specialists v. State of Georgia, 360 Ga. App. 901, 903 (862 SE2d 564)
(2021). Thus, “[f]ailure to file an application when one is necessary requires that the
appeal be dismissed.” Evans v. Jackson, 368 Ga. App. 170, 173(1) (889 SE2d 343)
(2023) (citation and punctuation omitted).
Given our lack of jurisdiction, Toney’s motion to dismiss is GRANTED and
this appeal is DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
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.