Mother’s appeal of custody in parties’ final divorce decree, DISMISSED, for lack of jurisdiction over mother’s direct appeal;  O.C.G.A. § 5-6-35(a) (2) required mother to file application for discretionary appeal, because this was divorce case in which child custody was at issue, not child custody case; child custody determination did not transform divorce action into child custody case under § 5-6-34; Court reiterated that ‘”underlying subject matter generally controls over the relief sought in determining the proper procedure to follow to appeal.”‘

Todd v. Todd, S10A0471 (03/29/2010), 10 FCDR 1010

From:  Fulton County Daily Report (4/09/2010)