Ga. Code Ann. § 5-6-35

Section 5-6-35(a)(6) requires an appeal from an action for damages when the judgment is $10,000 or less to follow the discretionary appeals procedure.

Orgertrice v. Nash · filed 1994-11-02(a)(6)

This case arose as a suit for damages as a result of injuries allegedly sustained in an automobile collision; therefore, as this is an appeal from an action in damages in which the judgment is $10,000 or less, appellant was required to follow the discretionary appeals procedure. OCGA § 5-6-35 (a) (6). Accordingly, this appeal must be dismissed for failure to comply with OCGA § 5-6-35.

Section 5-6-35(a)(6) requires a discretionary appeal for an action for damages when the judgment is $10,000 or less, measured by the amount of damages involved rather than the amount remaining after a set-off.

Eberhardt v. Georgia Farm Bureau Mutual Insurance · filed 1996-11-06(a)(6)

Nonetheless, under the following analysis, we have concluded that OCGA § 5-6-35 is inapplicable and that the direct appeal is proper under the circumstances of the case sub judice.

Section 5-6-35(a)(6) places actions for damages with judgments of $10,000 or less in discretionary appellate review, but a petition to inspect and copy corporate records is not such an action merely because the attorney-fee award is below $10,000.

Motor Warehouse, Inc. v. Richard · filed 1998-12-23(a)(6)

a petition for inspection and copying of corporate records is not an action for damages necessitating a discretionary appeal under OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires a discretionary appeal application for an action for damages when the judgment is $10,000 or less.

Sheba Independent Auto Sales, LLC v. Blocker · filed 2015-07-08(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, a discretionary application was required under OCGA § 5-6-35.

Subsection (a)(6) requires an application for appeal in actions for damages when the judgment is $10,000 or less, but does not apply to a declaratory-judgment action rather than an action for damages.

Abdullah v. Winslow at Eagle's Landing Homeowners Association · filed 2019-02-20(a)(6)

OCGA § 5-6-35 (a) (6), which requires an application for appeal in “all actions for damages in which the judgment is $10,000.00 or less.” ... Thus, here, where Abdullah’s action was for declaratory judgment, not damages, OCGA § 5-6-35 (a) (6) does not apply, and Abdullah had a right to a direct appeal from a final judgment.

For an action for damages with a judgment of $10,000 or less, Section 5-6-35 requires the appeal to be initiated by an application for discretionary review.

Moore v. American Express National Bank · filed 2025-11-04(a)(6), (b)

Appeals in actions for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review.

Subsection (a)(6) requires an application for discretionary appeal when the judgment in an action for damages is $10,000 or less.

ZHENG v. LAKEMORE COLONY CONDOMINIUM ASSOCIATION, INC. · filed 2026-05-18(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (citation and punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the specific amounts set forth in the judgment in favor of Lakemore Colony Condominium Association total less than $10,000, the entry of summary judgment provides no basis for a direct appeal, see Ca-Shar, 204 Ga. App. at 865–66, and Zheng’s failure to follow the discretionary appeal procedure deprives us of jurisdiction.

Section 5-6-35(a)(8) requires a timely discretionary-review application to appeal an order denying relief under § 9-11-60(d).

Benjamin Sinclair Hollberg,sr. v. Talbot State Bank · filed 2023-06-13(a)(8)

An appeal from an order denying relief under OCGA § 9-11-60 (d) must be initiated by filing a timely application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) and (b) require an application for discretionary review to appeal an order denying relief under § 9-11-60(d)(2).

In Re Estate of Alana Champion Chavez · filed 2018-08-27(a)(8), (b)

Finally, to the extent that Sergio Chavez’s motion to reconsider and set aside sought relief under OCGA § 9-11-60 (d) (2), an appeal from a trial court order denying such relief must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(8) makes appeals from orders denying motions to set aside judgments discretionary.

Hall v. Jenkins · filed 1985-03-07(a)(8)

OCGA § 5-6-35 (a) (8) provides that appeals from orders denying a motion to set aside a judgment are discretionary. That statute became effective July 1, 1984. Accordingly, the instant appeal must be dismissed because “there was no attempt made to comply with the provisions of OCGA § 5-6-35.”

Section 5-6-35(a)(8) requires an application for appeal, rather than a direct appeal, from an order denying a motion to set aside a judgment.

Law Offices of Johnson & Robinson v. Fortson · filed 1985-09-03(a)(8)

We can only conclude therefore that these motions are motions to set aside judgments and that appellant has followed the wrong appellate procedure because appeals from orders denying motions to set aside a judgment cannot be entertained by this court on direct appeal; appellant is required to file an application for appeal pursuant to the provisions of OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary application to appeal an order denying a motion to set aside a judgment.

Folks, Inc. v. Agan · filed 1986-01-08(a)(8)

OCGA § 5-6-35 (a) (8) requires that appeals taken from orders under subsection (d) of OCGA § 9-11-60 denying a motion to set aside a judgment be accompanied by an application for appeal under the discretionary process.

Section 5-6-35(a)(8) requires a discretionary appeal, rather than a direct appeal, from an order denying a motion to set aside a judgment.

Crolley v. Johnson · filed 1988-01-06(a)(8)

Assuming without deciding that, by analogy to a motion for new trial, the filing of a motion to set aside, although premature, is nevertheless sufficient to invoke a ruling by the trial court thereon subsequent to its entry of the underlying judgment, the trial court’s denial of appellants’ prematurely filed motion to set aside, as subsequently amended, would not be directly appealable. See OCGA § 5-6-35 (a) (8). Although appellants’ notice of appeal was timely filed within thirty days of the denial of their motion to set aside, as amended, appellants did not comply with the applicable discretionary appeals provisions of OCGA § 5-6-35.

Subsection (a)(8) requires appeals from orders denying motions to set aside judgments based on nonamendable defects appearing on the face of the record or pleadings to proceed under the discretionary-appeal procedures.

State Farm Mutual Automobile Insurance Company v. Yancey · filed 1988-07-06(a)(8)

Appeals from orders denying such motions to set aside must follow the discretionary appeal procedures pursuant to OCGA § 5-6-35 (a) (8).

Subsection (a)(8) requires a discretionary appeal from an order denying a motion to set aside a nonamendable defect appearing on the face of the record or pleadings.

Anderson v. Chatham · filed 1989-03-02(a)(8)

Appeals from orders denying such motions to set aside must follow the discretionary appeal procedures pursuant to OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal when the pleading is properly treated as a motion to set aside judgment, but denial of a motion for new trial seeking an evidentiary hearing on unliquidated damages is directly appealable.

Nova Group, Inc. v. MB DAVIS ELECTRIC COMPANY, INC. · filed 1988-02-04(a)(8)

If the damages in this contract action are unliquidated, Nova would have been entitled to an evidentiary hearing on the issue of damages under OCGA § 9-11-55 (a). In that case, its motion for new trial was an appropriate means to request such a hearing, which, apparently, did not take place, and the denial of that motion was directly appealable.

Subsection (a)(8) requires a discretionary appeal when the appeal concerns the denial of a motion to set aside.

Jarallah v. Pickett Suite Hotel · filed 1989-10-10(a)(8)

To the extent that this direct appeal concerns the trial court's denial of the appellant's motion to set aside, it must be dismissed, because such appeals require the discretionary appeal procedures. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside a judgment to be taken by application in the nature of a petition.

Human v. State · filed 1990-01-30(a)(8)

Appeals from an order denying a motion to set aside a judgment must be taken by application in the nature of a petition. OCGA § 5-6-35 (a) (8). Accordingly, this direct appeal must be dismissed.

Section 5-6-35(a)(8) requires an application for discretionary appeal when the challenged matter is a motion to set aside a judgment, so a direct appeal would otherwise be outside the court's jurisdiction.

Griffin v. State of Georgia · filed 1990-02-22(a)(8)

If the substance of appellant’s motion to dismiss was actually a motion to set aside judgment under OCGA § 9-11-60 (d), this court would lack jurisdiction to entertain this matter as a direct appeal. OCGA § 5-6-35 (a) (8). However, in view of the posture of this record, which includes the fact that appellant orally objected at the forfeiture hearing and the trial judge subsequently disposed of the issue after having taken the matter under advisement and issued rules absolute, we elect not to construe this motion in the appeal before us as a motion to dismiss within the meaning of OCGA § 5-6-35 (a) (8).

Section 5-6-35 requires an application for appellate review of an order denying a motion to set aside a judgment.

Jones v. McCoy · filed 1990-10-30(a)(8)

Although the appellant enumerates as error the denial of his motion to set aside, that order would not have been subject to review in this appeal even had it been entered within the 30-day period prior to the filing of the notice of appeal, inasmuch as such appeals are subject to the application process set forth at OCGA § 5-6-35. See OCGA § 5-6-35 (a) (8).

Section 5-6-35 requires an application for discretionary appellate review of an order denying a motion to set aside a judgment.

Brooks v. Federal Land Bank · filed 1989-09-28(a)(8), (b)

Accordingly, in order for appellants to secure an appellate review of the denial of their OCGA § 9-11-60 (d) motion, they would be required to comply with the discretionary appeal provisions of OCGA § 5-6-35.

Section 5-6-35 requires the discretionary-appeal procedure for an appeal from denial of an OCGA § 9-11-60(d) motion, even when the motion is coupled with a motion for new trial or judgment notwithstanding the verdict.

Fabe v. Floyd · filed 1991-03-12(a)(8), (d)

Appeals from the denial of a motion to set aside the judgment under OCGA § 9-11-60 (d) are subject to the discretionary appeals procedure (OCGA § 5-6-35 (a) (8)) even when coupled with motions for a new trial or judgment n.o.v. OCGA § 5-6-35 (d). ... Accordingly, we are without jurisdiction to consider Fabe's first and second enumerations of error.

A ruling on a motion to set aside a judgment is appealable only after the appellate court grants an application for discretionary review.

Farmer v. State · filed 1991-04-18(a)(8)

However, any appeal from a trial court’s ruling on a motion to set aside a judgment can properly be brought before this court only by first securing the grant of an application for discretionary appellate review. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal from denial of a motion to set aside a judgment under OCGA § 9-11-60(d), even when coupled with a motion for a new trial or judgment n.o.v.; subsection (d) governs that procedure.

Willard v. Wilburn · filed 1992-03-02(a)(8), (d)

“Appeals from the denial of a motion to set aside the judgment under OCGA § 9-11-60 (d) are subject to the discretionary appeals procedure (OCGA § 5-6-35 (a) (8)) even when coupled with motions for a new trial or judgment n.o.v. OCGA § 5-6-35 (d).

Section 5-6-35(a)(8) requires an appeal from the denial of a motion to set aside a judgment to proceed under the discretionary appeals procedures.

Manley v. Jones · filed 1992-02-11(a)(8)

Appeals from the denial of motions to set aside judgment, however, must be brought under the discretionary appeals procedures.

Section 5-6-35(a)(8) requires a discretionary appeal from an order denying relief sought to set aside a judgment.

Cain v. Moore · filed 1993-03-10(a)(8)

"Appeals from the denial of motions to set aside judgment ... must be brought under the discretionary appeals procedures. OCGA § 5-6-35 (a) (8); State Farm Mut. &c. Co. v. Yancey, 258 Ga. 802 (375 SE2d 39). Further, although no longer authorized for this purpose, OCGA § 5-6-35 (a) (8), as amended, specifically includes `(a)ppeals from orders ... denying relief upon a complaint in equity to set aside a judgment' as one of the appeals which must be brought under the discretionary appeals procedures. Under these circumstances there is no doubt that the legislature required the discretionary appeals procedures for appeals from orders or judgments denying relief in cases seeking to set aside judgments."

Section 5-6-35(a)(8) requires a discretionary appeal to obtain review of a denial of a motion to set aside a judgment; without that procedure, the appellate court lacks jurisdiction.

Oglethorpe Power Corp. v. Sheriff · filed 1993-08-23(a)(8)

This court lacks jurisdiction to review the denial of the motion to set aside judgment, as appellant failed to use the discretionary appeals procedure of OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal from an order denying a motion to set aside a judgment under § 9-11-60(d), but not from an order denying a motion to set aside a voluntary dismissal because the dismissal is not a judgment.

Collier v. Evans · filed 1992-10-08(a)(8)

Case No. A92A2017 is from an order denying a motion to set aside a voluntary dismissal. It is not from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) which requires compliance with the discretionary appeal procedure of OCGA § 5-6-35 (b) et seq. ... Consequently, the denial of plaintiff’s motion to set aside the dismissal does not require compliance with the discretionary appeal procedure of OCGA § 5-6-35 (b) et seq.

Section 5-6-35 requires a timely discretionary-appeal application to challenge a denial of a motion to set aside a judgment, and appellate jurisdiction depends on obtaining leave and filing a timely notice of appeal.

Amaechi v. Lib Properties, Ltd. · filed 2002-02-08(a)(8), (b)

When a denial of a motion to set aside judgment is appealed, this must be done by timely application for discretionary appeal.

Orders denying all motions to set aside a judgment generally may be appealed only by discretionary grant, unless the motion was combined with a motion for new trial or a motion for j.n.o.v.

Anderson v. GGS Hotel Holdings, Georgia, Inc. · filed 1998-08-27(a)(8)

“Under OCGA § 5-6-35 (a) (8), orders denying ‘all motions to set aside a judgment, including those predicated on a nonamendable defect or lack of jurisdiction, may be appealed only by discretionary grant unless the motion to set aside was combined with a motion for new trial or a motion for j.n.o.v. See Martin v. Williams, 263 Ga. 707, 710 (438 SE2d 353); OCGA § 5-6-34 (d).’ [Cit.]” Kappelmeier v. Homer, 226 Ga. App. 379 (486 SE2d 612). In the case sub judice, plaintiffs’ notice of direct appeal does not confer appellate jurisdiction on this Court to consider the trial court’s denial of plaintiffs’ motion to set aside the judgment incorporating the award of the arbitrators, in the absence of a proper and timely order granting permission to pursue a discretionary appeal. Consequently, Case No. A99A0001 must be dismissed.

Section 5-6-35(a)(8) requires an appeal from an order under OCGA § 9-11-60(d) denying a motion to set aside a judgment to follow the discretionary-appeal procedure in subsections (b) and (d).

Rogers v. Estate of Harris · filed 2005-11-30(a)(8), (b), (d)

Under OCGA § 5-6-35 (a) (8), appeals from orders under OCGA § 9-11-60 (d) denying a motion to set aside a judgment must comply with the discretionary appeals procedure of OCGA § 5-6-35 (b) and (d).

Section 5-6-35(a)(8) requires an application for discretionary review before an order denying a motion to set aside may be reviewed.

Avren v. Garten · filed 2011-05-16(a)(8)

Assuming without deciding that the trial court’s denial of Mother’s motion to set aside the attorney-fee award falls within the coverage of OCGA § 5-6-35 (a) (11), Mother was required to file an application for discretionary appeal since OCGA § 5-6-35 (a) (8) requires that review of an order denying a motion to set aside be preceded by an application for discretionary review.

Section 5-6-35(a)(8) places appeals from denials of motions to set aside judgments in the discretionary-appeal process, requiring the appellant to seek permission before proceeding.

Noaha, LLC v. Vista Antiques & Persian Rugs, Inc. · filed 2010-10-05(a)(8)

It contends Noaha was required to seek a discretionary appeal under OCGA § 5-6-35 (a) (8). ... We agree.

Subsection (a)(8) requires a discretionary appeal application from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Maxfly Aviation, Inc. D/B/A Aircraft Finance Corporation v. Degrandis · filed 2012-06-20(a)(8)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see Conseco Finance Servicing Corp. v. Hill, 252 Ga. App. 774, 780 (7) (556 SE2d 468) (2001).

Section 5-6-35 requires a discretionary-appeal application to obtain appellate review of orders terminating parental rights and orders denying motions to set aside.

Grissom v. Aaa Partners in Adoption, Inc. · filed 2012-08-29(a)(12), (a)(8)

In 2007, the Georgia Legislature amended OCGA § 5-6-35 to bring orders terminating parental rights within the discretionary appeal procedures. Accordingly, an application for discretionary appeal must be filed to obtain appellate review of an order terminating parental rights. See OCGA § 5-6-35 (a) (12); In the Interest of K. R., 285 Ga. 155 (674 SE2d 288) (2009). Further, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d)1 also must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) places appeals from the denial of motions to set aside under the discretionary appeals procedure.

Coyne v. the Roberts Law Firm Pc · filed 2012-11-16(a)(8)

Even if we were to construe the defendants’ motion for reconsideration as a motion to set aside, appeals from the denial of such motions are subject to the discretionary appeals procedure. OCGA § 5-6-35 (a) (8); Cheeley-Towns, supra.

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Barksdale v. Community & Southern Bank · filed 2013-01-11(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) to be taken by application for discretionary appeal.

Rashad v. Wells Fargo Bank, N. A. · filed 2013-02-07(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Tindall v. Res-Ga Sdl, LLC · filed 2013-03-28(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires a discretionary appeal for an order denying an OCGA § 9-11-60(d) motion to set aside a judgment, so the order is not subject to direct appeal.

Casey v. Suntrust Bank · filed 2013-02-19(a)(8)

See OCGA § 5-6-35 (a) (8) (orders denying OCGA § 9-11-60 (d) motions are subject to discretionary appeal); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires a discretionary appeal from an order denying a motion to set aside.

Pierre v. Rbs Citizens, N.A. · filed 2013-04-26(a)(8)

As to the motion to set aside under OCGA § 9-11-60 (d), the trial court’s order denying this motion could only be appealed through the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Rogers v. Estate of Harris, 276 Ga. App. 898, 899 (625 SE2d 65) (2005).

Subsection (a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Lucille Smith v. Westbury Health and Rehabilitation Center Conyers, Inc. · filed 2013-10-03(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires appeals from the denial of motions to set aside to proceed through the discretionary application procedure.

Fortis Capital Partners, LLC v. Hannity · filed 2013-10-10(a)(8)

First of all, appeals from the denial of motions to set aside are subject to the discretionary application procedure. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35 (a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to be brought by application for discretionary review.

Drury III v. German American Capital Corporation · filed 2013-12-11(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside under OCGA § 9-11-60(d).

Coyne v. Emc Mortgage Corporation · filed 2014-01-22(a)(8)

As for the motion to set aside, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal.

Section 5-6-35(a)(8) requires a discretionary appeal to challenge an order denying a motion to set aside a judgment.

Anzo v. Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A. · filed 2014-02-25(a)(8)

Moreover, the trial court’s order denying the motion to set aside could only be appealed through the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Rogers v. Estate of Harris, 276 Ga. App. 898, 899 (625 SE2d 65) (2005).

Section 5-6-35(a)(8) requires a party appealing an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to use the discretionary-review procedure.

William J. Bentley D/B/A Mobile X-Ray Solutions v. Brush & Company · filed 2014-06-12(a)(8)

See OCGA § 5-6-35 (a) (8) (party seeking appeal from order under OCGA § 9-11-60 (d) denying motion to set aside judgment must follow procedures for discretionary review); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006) (denial of “discretionary” motion to set aside judgment on grounds other than those set forth in OCGA § 9-11-60 (d) is not directly appealable); Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000) (same).

Section 5-6-35(a)(8) requires an application for discretionary appeal to challenge the denial of a motion to set aside a judgment under OCGA § 9-11-60(d).

Jabati v. Ccb2, LLC · filed 2014-07-31(a)(8)

But an appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995).

Section 5-6-35(a)(8) requires a discretionary appeal for an order denying an OCGA § 9-11-60(d) motion to set aside a judgment or order.

Corley v. Ocwen Loan Servicing · filed 2014-07-31(a)(8)

Alternatively, to the extent the Corleys’ motion could be construed as an OCGA § 9-11-60 (d) motion to set aside the court’s August 2013 order refusing to re-enter the summary judgment decision, they still would not be entitled to a direct appeal. Orders denying such motions are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Subsection (a)(8) requires a discretionary appeal, rather than a direct appeal, from an order denying a motion to set aside.

Powell v. State · filed 2014-11-19(a)(8)

Alternatively, to the extent that Powell’s motion could be construed as an OCGA § 9-11-60 (d) motion to set aside the court’s April order, he still would not be entitled to a direct appeal. Orders denying such motions are subject to the discretionary appeal procedures, and Powell has failed to timely file a discretionary appeal of the August order. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires a discretionary appeal for an order on a motion to set aside under OCGA § 9-11-60(d).

Luster v. Bank of America, N. A., Successor by Merger With Countrywide Home Loans Servicing · filed 2015-03-04(a)(8)

If we construe Luster’s motion as a motion to set aside under OCGA § 9-11-60 (d), such an order may only be appealed by complying with the discretionary appeal procedures, which Luster did not do. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator, Inc. v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Subsection (a)(8) requires an application for discretionary appeal from an order denying a motion to set aside under OCGA § 9-11-60(d).

Webb v. Capital One Bank (Usa), N. A. · filed 2015-02-05(a)(8)

Appeals from orders denying motions to set aside under OCGA § 9-11- 60 (d) must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a party seeking appellate review of an order denying a request to set aside a judgment under OCGA § 9-11-60 to use discretionary-appeal procedures.

Odion v. Varon · filed 2015-05-05(a)(8)

To obtain appellate review of a trial court’s order denying such a request, a party must follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires an appeal from the denial of a motion to set aside a judgment under OCGA § 9-11-60(d) to be brought by application for discretionary appeal.

Elizabeth Denise Caldon Sorkness v. Board of Regents Ofthe University System of Georgia · filed 2015-10-06(a)(8)

First, an appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995).

Section 5-6-35(a)(8) requires a discretionary-appeal application to review an order denying a motion to set aside a judgment under § 9-11-60(d).

Stenson v. Phoenix Recovery Group · filed 2015-10-22(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d), such as one alleging insufficient service of process, must be taken by application for discretionary review.

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) to be pursued by application for discretionary review.

Edwardo P. Shuman, as Trustee for 32 Red Leaf Drive Trust v. Wells Fargo Bank, N.A. · filed 2016-01-11(a)(8)

And an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside a default judgment to be taken by application for discretionary review.

PRESTON ELLIOTT D/B/A THE ELLIOTT GROUP v. FLORENCE SMITH · filed 2016-05-11(a)(8)

An appeal from an order denying a motion to set aside a default under OCGA § 9-11-60 (d) must be taken by application for discretionary review, see OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Subsection (a)(8) requires an application for discretionary review of an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Yagnik v. Palisades Collection, LLC · filed 2016-05-11(a)(8)

And an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Subsection (a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d).

RHONDA LEE BARNEY v. RENASANT BANK F/K/A MERCHANTS & FARMERS BANK · filed 2016-06-10(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Barney’s and Harrell’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Shultz v. Morris · filed 2016-06-10(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Section 5-6-35 requires an application for discretionary appeal from an order denying a motion to set aside a judgment under Code Section 9-11-60(d), rather than a direct appeal.

Lemcon USA Corporation v. Icon Technology Consulting, Inc. · filed 2016-08-03(a)(8), (b), (f)

OCGA § 5-6-35 (a) (8), (b), (f) (“Appeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment” shall be “by application in the nature of a petition enumerating the errors to be urged on appeal[,]” and the appellate court “shall issue an order granting or denying [leave to pursue] such an appeal[.]”).

Subsection (a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) to be taken by discretionary application.

Powell v. Wells Fargo Bank, N.A. · filed 2016-08-10(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) must be taken by application for discretionary review.

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) to be brought by application for discretionary review.

Fitzgerald v. Fitzgerald · filed 2016-07-18(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11- 60 (d) must be taken by application for discretionary review.

Section 5-6-35 requires an application for discretionary appeal, rather than a direct appeal, from an order denying a motion to set aside a final judgment.

Summers v. Crossley · filed 2019-02-26(a)(8), (b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” ... “Summers’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.”

Section 5-6-35(a)(8) and (b) require an application for discretionary review to initiate an appeal from an order denying a motion to set aside a judgment.

William Alton Courson, Jr. v. Vernon Alan Clements, Jr. · filed 2019-03-05(a)(8), (b)

An appeal from a trial court order denying a § 9-11-60 (d) motion to set aside must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be brought by discretionary application, and compliance with that procedure is jurisdictional.

Cgg Management & Associates, LLC v. Midgette · filed 2019-04-11(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review.

Section 5-6-35(a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Milford v. Catuy · filed 2019-05-21(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA § 5-6-35 (a) (8). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to proceed by application for discretionary review.

Richards v. Olens · filed 2019-06-19(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA § 5-6-35 (a) (8).

Section 5-6-35 (a) (8) requires an application for discretionary review of an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d), and compliance with that procedure is jurisdictional.

Burse v. State of Georgia · filed 2019-07-16(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to be made by discretionary application.

Merilien v. Siedentopf · filed 2019-08-21(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) and (b) require an application for discretionary review to initiate an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d).

Tyrones v. Mark A. C. Robinson, as Temporary Administrator of the Estate of Viola Tyrones · filed 2020-01-28(a)(8), (b)

First, an appeal from a trial court order denying a § 9-11-60 (d) motion to set aside must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a default judgment.

Statham v. Dow · filed 2020-06-17(a)(8)

But an appeal from an order denying a motion to set aside under this Code section must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 requires a party seeking review of a denial of a motion to set aside a final judgment to file an application for discretionary appeal, and compliance with that procedure is jurisdictional.

Mincey v. Lakeside Preserve Homeowners Association, Inc. · filed 2020-09-10(a)(8), (b)

“And, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (8) requires an appeal from an order denying a motion to set aside to comply with the discretionary appeal procedures.

Nihad Al Jaberi v. Rahman · filed 2020-12-14(a)(8)

And even if we construe Al Jaberi’s motion as a motion to set aside under OCGA § 9-11-60 (d), an order denying such a motion may be appealed only by complying with the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires a discretionary appeal for an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

GREGORY SCOTT ARMACOST D/B/A G. S. ARMACOST BUILDERS v. MICHAEL R. DEAN · filed 2021-02-17(a)(8)

Furthermore, even if the December 2020 order could be construed as implicitly denying a motion to set aside a judgment (and/or denying the motion to dismiss the notice of filing of judgment), the substance of this appeal would involve a challenge to the denial of a motion to set aside pursuant to OCGA § 9-11-60 (d), and the order would be subject to the discretionary appeal procedures – with which Armacost has not complied.

An order denying a motion to set aside under OCGA § 9-11-60(d) may be appealed only through the discretionary-appeal procedure required by section 5-6-35(a)(8).

Anderson v. Bank of America, N.A. · filed 2021-02-16(a)(8)

And even if we construe Anderson’s motion as a motion to set aside under OCGA § 9-11-60 (d), an order denying such a motion may be appealed only by complying with the discretionary appeal procedures.

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Rogers L. Hicks v. Chuck Clay · filed 2021-03-16(a)(8)

Hicks filed an application for discretionary appeal in this case, but the judgment at issue is not one of the rulings subject to a discretionary appeal application.

An appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) must be initiated by an application for discretionary review under section 5-6-35(a)(8) and (b).

Brinson v. State of Georgia · filed 2021-04-20(a)(8), (b)

And to the extent that the motion may be construed as an OCGA § 9-11-60 (d) motion to set aside, an appeal from an order denying such a motion must be initiated by filing an application for discretionary review, which Brinson did not do.

An order denying a motion to set aside under OCGA § 9-11-60(d) is subject to the discretionary-appeal procedure under section 5-6-35(a)(8).

BRUNDIDGE v. U.S. BANK NATIONAL ASSOCIATION · filed 2021-04-20(a)(8)

An order denying a motion to set aside under OCGA § 9-11-60 (d) is subject to the discretionary appeal procedure.

An order denying relief under OCGA § 9-11-60 must be appealed by discretionary application under section 5-6-35(a)(8) and (b).

Foreign Brothers Auto Sales, LLC v. Candy Neese · filed 2021-06-15(a)(8), (b)

the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).

An order denying relief under OCGA § 9-11-60(d) must be appealed by timely discretionary application under section 5-6-35(a)(8) and (b).

Earket v. U.S Bank Trust, N.A., as Trustee for Lsf9 Master Participation Trust · filed 2021-07-23(a)(8), (b)

An appeal from an order denying relief under OCGA § 9-11-60 (d) must be initiated by filing a timely application for discretionary review.

Section 5-6-35(a)(8) and (b) require an application for discretionary review when appealing an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Gabriel v. Deutsche Bank National Trust as Certificate Trustee · filed 2021-10-12(a)(8), (b)

An appeal from a trial court order denying an OCGA § 9-11-60 (d) motion to set aside a judgment must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(b) requires a discretionary-appeal application for an appeal from an order denying a motion to set aside a final judgment.

Watkins v. the Orchard Lane Condominium Association, Inc. · filed 2021-11-19(b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

Section 5-6-35(a)(8) requires an application for discretionary review when appealing an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

JAMES v. NEAL · filed 2021-12-16(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Section 5-6-35(a)(8) requires a discretionary application to appeal an order denying a motion to set aside under OCGA § 9-11-60(d).

Hale v. Wrights Walk Homeowners Association · filed 2022-03-29(a)(8)

As to the order denying Hale’s motion to set aside under OCGA § 9-11-60 (d), appeals from such orders must be brought by discretionary application.

Section 5-6-35(a)(8) makes appeals from orders under OCGA § 9-11-60(d) denying motions to set aside judgments subject to discretionary-appeal procedures.

Siteone Landscape Supply, LLC v. Stewart · filed 2022-05-06(a)(8)

We agree that, as a general matter, appeals from the denial of a motion to set aside a judgment are discretionary. Indeed, OCGA § 5-6-35 lists the types of appeals that are subject to this Court’s discretionary-appeal procedures, including “[a]ppeals from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment . . . .”

Section 5-6-35(a)(8) requires an order denying a motion to set aside under OCGA § 9-11-60(d) to be appealed through the discretionary-appeal procedures.

Tuopaeh v. National Collegiate Sudent Loan Trust 2006-2 · filed 2022-10-11(a)(8)

And even if we construe Tuopaeh’s motion as a motion to set aside under OCGA § 9-11-60 (d), an order denying such a motion may be appealed only by complying with the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires a party appealing an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to seek discretionary review.

Mayanja v. Bank Ozk · filed 2023-01-19(a)(8)

A party seeking to appeal an order denying a motion to set aside under OCGA § 9-11-60 (d) must file an application for discretionary review.

Section 5-6-35(a)(8) requires an application for an appeal from an order under OCGA § 9-11-60(d) denying a motion to set aside a judgment, but not for an order denying a motion under § 9-11-60(b) and (g).

Garcia-Diaz v. Women's Specialists of North Georgia, Inc. · filed 2023-04-25(a)(8)

But Garcia-Diaz clearly filed her motion pursuant to OCGA § 9-11-60 (b) and (g)—not (d)—seeking to correct a “[c]lerical mistake[ ] . . . arising from oversight or omission.” OCGA § 9-11-60 (g). An order denying such a motion is directly appealable. See Crawford v. Kroger Co., 183 Ga. App. 836, 836 (1) (360 SE2d 274) (1987).

Subsection (a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d), and compliance with that procedure is jurisdictional.

Dabel v. Lent · filed 2023-05-23(a)(8)

An appeal from an order denying a motion to set aside brought under OCGA § 9-11-60 (d) must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8); Martin v. Williams, 263 Ga. 707, 708, n. 1 (438 SE2d 353) (1994). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(8) requires an order denying a motion to set aside under OCGA § 9-11-60 (d) to be appealed by discretionary application, and compliance with that procedure is jurisdictional.

Hurt v. Nationwide Southeast, LLC · filed 2023-06-05(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Thus, Hurt’s failure to comply with the discretionary application procedures set forth in OCGA § 5-6-35 deprives us of jurisdiction over this appeal, which is hereby DISMISSED. Hair Restoration Specialists v. State of Georgia, 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (compliance with the discretionary appeals procedure is jurisdictional, and failure to comply with that procedure requires dismissal of the appeal).

Section 5-6-35 (a) (8) requires a discretionary-appeal application for an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d).

Prime Comms Retail, LLC v. Reep-Rtl Npm Ga, LLC · filed 2023-09-12(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires a party to use the discretionary-appeal procedure to appeal an order denying a motion to set aside.

Anderson v. Fitness International, LLC · filed 2024-01-23(a)(8)

And even if we were to construe Anderson’s motion as a motion to set aside under OCGA § 9-11-60 (d), an order denying such a motion may be appealed only by complying with the discretionary appeal procedures. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35(a)(8) requires discretionary review by application for an order denying a motion to set aside under OCGA § 9-11-60 (d).

CHRISTOPHER M. HUNT, SR. v. NATIONSTAR MORTGAGE, LLC · filed 2024-01-26(a)(8)

Finally, to the extent that Hunt’s emergency motion can be construed, in part, as a motion to set aside based on fraud under OCGA § 9-11-60 (d) (2), the denial of a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary review. OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 requires an application for discretionary review before appealing an order denying a motion to set aside a judgment.

Perritt v. Keystone Concrete Foundations, Inc. · filed 2024-03-25(a)(8), (b)

And to the extent that either filing may be construed as an OCGA § 9-11-60 (d) motion to set aside — or that Perritt seeks to appeal the denial of Flybuilt’s OCGA § 9-11-60 (d) motion to set aside the grant of summary judgment against him — an appeal from an order denying such a motion must be initiated by filing an application for discretionary review, which Perritt did not do.

Section 5-6-35 requires an application for discretionary appeal to challenge the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d), and compliance with that procedure is jurisdictional.

Lovejoy v. Geico General Insurance Company as Subrogee of Omencia Scott · filed 2024-03-27(a)(8), (b)

The denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 (a)(8) requires an appeal from an order denying a motion to set aside to be taken by application.

Sierra Express, Inc. v. the Insurance Company of the State of Pennsylvania · filed 2024-04-01(a)(8)

With regard to the denial of a motion to set aside, an appeal from such an order must be taken by application. OCGA § 5-6-35 (a) (8).

Section 5-6-35 (a) (8) and (b) require an application for discretionary appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d).

CECILY TERRY v. SHARMAYNE MADDEN · filed 2024-06-14(a)(8), (b)

An appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Terry failed to follow the requisite discretionary application procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35 requires a party appealing an order denying a motion to set aside under OCGA § 9-11-60 (d) to file an application for discretionary appeal.

Cooksey v. Celestine Jones, as for the Estate of Emma T. Horne · filed 2024-11-12(a)(8), (b)

To appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d), Cooksey was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-117 (640 SE2d 688) (2006).

Section 5-6-35 (a) (8) requires an application for discretionary appeal when appealing an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d).

Brown-Jackson v. Student Loan Solutions, LLC · filed 2024-12-05(a)(8)

However, an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 (a) (8) requires an application for discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d).

In Re: Carole Ann Wilson, Ward · filed 2025-02-06(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 requires a discretionary-appeal application for an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d).

RAMIREZ v. JIONEL E. PIERRE AS ASSIGNEE OF CADENAS VENTURES, LLC · filed 2025-03-07(a)(8), (b)

Additionally, even if the appeal were not interlocutory, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) requires the filing of an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Subsection (a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) to be pursued by discretionary application.

Tyanika Brown v. a Betterway Rent-A-Car, Inc. · filed 2025-03-11(a)(8)

And an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Section 5-6-35 requires a discretionary application to appeal an order denying a motion to set aside a judgment or an attorney-fee award under OCGA § 9-15-14.

Moore v. Brown, Dutton & Crider Law Firm, LLC · filed 2025-04-01(a)(8), (a)(10), (b)

The May 16, 2024 order did nothing more than deny Moore’s motion to set aside, and the denial of a motion to set aside must be appealed by a timely application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b). ... The appeal of an attorney fees award under OCGA § 9-15-14 is subject to the discretionary application procedure under OCGA § 5-6-35 (a) (10).

Section 5-6-35 (b) requires an application for discretionary appeal before appealing a denial of a motion to set aside a final judgment under OCGA § 9-11-60.

BENTON v. SPH 21, LLC · filed 2025-04-16(b)

the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).

Section 5-6-35 (a) (8) requires a discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d).

LOU D. BROWN v. BRATTON · filed 2025-04-21(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 requires an application for discretionary appeal when appealing an order denying a motion to set aside a judgment.

Darrell Giles, Jr. v. Loung · filed 2025-06-02(a)(8), (b)

And to the extent that the motion may be construed as an OCGA § 9-11-60 (d) motion to set aside, an appeal from an order denying such a motion requires the filing of an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) and (b) require an application for discretionary appeal when appealing the denial of a motion to set aside a final judgment under OCGA § 9-11-60.

Firstkey Master Funding 2021-A Collateral Trust v. Cook · filed 2025-06-10(a)(8), (b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

Section 5-6-35 requires an application for discretionary appeal when a party seeks review of an order denying a motion to set aside a final judgment, and compliance with that procedure is jurisdictional.

ALKAMEL v. PIEDMONT HOSPITAL, INC. · filed 2025-06-20(a)(8), (b)

To the extent Alkamel seeks to appeal the order denying the motion to set aside, “the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8), (b). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 (a) (8) and (b) require an appellant challenging an order denying a motion to set aside a final judgment to seek review through a discretionary-appeal application.

CANDY KNEPPER, AS NEXT FRIEND OF A. B., a MINOR v. MARY ANNE BULLARD AS TRUSTEE OF THE ALLAN WILLIAM BULLARD TRUST · filed 2025-06-26(a)(8), (b)

“the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).” ... “Compliance with the discretionary appeals procedure is jurisdictional.” ... Accordingly, Knepper’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 requires an application for discretionary appeal when a party seeks review of the denial of a motion to set aside a final judgment under OCGA § 9-11-60.

Estivens v. Byfield · filed 2025-06-27(a)(8), (b)

“The denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

Section 5-6-35 requires a party seeking review of an order denying a motion to vacate to use the discretionary appeal procedures.

Keene v. City of Warner Robins · filed 2025-09-08(a)(8)

To obtain review of the trial court’s order denying his motion to vacate, Keene was required to comply with the discretionary appeal procedures of OCGA § 5-6-35 to obtain review.

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside under OCGA § 9-11-60(d) to proceed by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Brown v. Spivey Junction Station, LLC · filed 2025-09-10(a)(8)

As before, we lack jurisdiction because Brown has no right of direct appeal here; rather, he must comply with the discretionary appeal procedures of OCGA § 5-6-35 to obtain review of the trial court’s order.

Section 5-6-35 (a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) to be filed by application for discretionary review.

Safeway Moving Systems, Inc. v. Yates · filed 2025-11-25(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Safeway’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to be brought by discretionary application.

Garry Chambers v. Spring Oaks Capital Spv, LLC · filed 2025-11-26(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) must be made by application for discretionary review.

Section 5-6-35 requires an application for discretionary appeal from the denial of a motion to set aside under OCGA § 9-11-60(d).

Franklin v. Georgia Vocational Rehabilitation Agency · filed 2026-03-02(a)(8), (b)

Third, to the extent Franklin seeks to appeal the denial of his motion to set aside under OCGA § 9-11-60(d), an appeal from the denial of such a motion requires the filing of an application for discretionary appeal.

Section 5-6-35(a)(8) and (b) require an application for discretionary appeal when appealing the denial of a motion to vacate or set aside a judgment.

Jefferson v. Frankenmuth Insurance Company as Subrogee of Sellers Construction Company, LLC · filed 2026-03-27(a)(8), (b)

Furthermore, an appeal from the denial of a motion to vacate or set aside a judgment requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17 (640 SE2d 688) (2006).

Section 5-6-35(a)(8), (b) requires an application for discretionary appeal from the denial of a motion to set aside under OCGA § 9-11-60(d), and compliance with that procedure is jurisdictional.

Taylor v. Padilla · filed 2026-04-28(a)(8), (b)

We lack jurisdiction, because an appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) requires the filing of an application for discretionary appeal.

Section 5-6-35(a)(8) and (b) require a discretionary-review application for an appeal from the denial of a motion to set aside a judgment under OCGA § 9-11-60(d).

Bright Auto World, LLC v. Robinson · filed 2026-05-15(a)(8), (b)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017).

Section 5-6-35(a)(8) requires a discretionary-review application to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Conner v. Lakeside Preserve Homeowner Association, Inc. · filed 2026-06-18(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) must be made by application for discretionary review. See OCGA § 5-6-35(a)(8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(8) requires a party seeking to challenge an order denying a motion to set aside to follow the discretionary-appeal procedures.

BLAKE III v. VILLAGE CAPITAL AND INVESTMENT, LLC · filed 2026-06-23(a)(8)

Likewise, Blake fails to challenge, in any way, the trial court’s order on the motion to set aside. Even if he had, however, we would also be without jurisdiction to consider these arguments since Blake failed to follow the appropriate discretionary appeal procedures. See OCGA § 5-6-35(a)(8).

Section 5-6-35(a)(8) allows a habeas petitioner to appeal an order denying a motion to set aside under § 9-11-60(d) through its application procedure.

Case v. State · filed 2016-11-21(a)(8)

A habeas petitioner appealing from an order denying an actual motion to set aside pursuant to OCGA § 9-11-60 (d) may properly appeal by following the application procedures of OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal application to review an order denying a motion to set aside a judgment.

Southern Mutual Church Insurance Company v. Greater Hall Temple Church of God · filed 2023-01-17(a)(8)

Further, and “[a]lthough [Southern Mutual’s] notice of appeal was timely filed within thirty days of the denial of [its] motion to set aside, . . . [it] did not comply with the applicable discretionary appeals provisions of OCGA § 5-6-35.” Id. For these reasons, the Church’s motion to dismiss is hereby GRANTED, and this appeal is DISMISSED.

An appeal from the denial of a motion to set aside a judgment must follow the discretionary appeal procedure.

Jones v. Robertson · filed 1989-05-11(a)(8)

While appellant’s concern about the verdict may be viewed as a nonamendable defect upon which to base a motion to set aside (see Covington v. Saxon, 163 Ga. App. 646 (2) (295 SE2d 105) (1982)), appellant’s failure to follow the procedures for discretionary appeal require us to dismiss the appeal. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal from an order denying a motion to set aside; a direct notice of appeal alone does not confer appellate jurisdiction.

Kappelmeier v. Homer · filed 1997-04-09(a)(8)

In the case sub judice, plaintiff’s notice of direct appeal does not confer appellate jurisdiction on this Court to consider the trial court’s denial of plaintiff’s motion to set aside, in the absence of a proper and timely order granting plaintiff permission to pursue a discretionary appeal.

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside under OCGA § 9-11-60(d).

The Housing Authority of Dekalb County, Georgia v. Harris · filed 2017-03-21(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11- 60 (d), however, must be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17 (640 SE2d 688) (2006).

Section 5-6-35 requires an application for discretionary appeal from the denial of a motion to set aside a bond forfeiture judgment.

Easy Out Bonding v. State · filed 2025-11-21(a)(8), (b)

... an appeal from the denial of an OCGA § 9-11-60(d) motion requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Citation Bonding Co. v. State, 199 Ga. App. 868, 868 (406 SE2d 289) (1991) (dismissing for lack of jurisdiction direct appeal from order denying motion to set aside judgment absolute on a bond forfeiture because discretionary application was required).

(a)(5) requires a party seeking review of an order revoking first-offender probation to file an application for discretionary appeal.

Misty Delane Jenkins v. State · filed 2015-09-21(a)(5)

Because the underlying subject matter of Jenkins’ appeal is the revocation of her “first offender” probation, she was required to file an application for discretionary appeal in order to obtain review in this Court.

Section 5-6-35(a)(5) requires an application for discretionary appeal from an order revoking probation.

McCrary v. State · filed 1985-04-04(a)(5)

Effective July 1, 1984, however, all appeals from orders revoking probation require an application for discretionary appeal. OCGA § 5-6-35 (a) (5). Accordingly, the appeal must be dismissed.

Section 5-6-35 requires a discretionary appeal for orders revoking probation, so a direct appeal from such an order must be dismissed.

Gazaway v. State · filed 1986-03-18

Effective July 1, 1984, however, all appeals from orders revoking probation require the discretionary appeal procedures of OCGA § 5-6-35. Accordingly, this direct appeal must be dismissed.

Subsection (5) requires an application for a discretionary appeal from an order revoking probation.

Yellock v. State · filed 1986-05-19(5)

An appeal from an order revoking probation is one of the type of cases which must follow this procedure. OCGA § 5-6-35 (5).

Section 5-6-35(a)(5) requires a discretionary appeal, rather than a direct appeal, from an order adjudicating guilt and imposing sentence after revocation of First Offender Act probation.

Mobley v. State · filed 1989-09-05(a)(5)

“[T]he proper method of appeal from an order of adjudication of guilt and sentence which serves to revoke the probationary status granted under the First Offender Act (OCGA § 42-8-60 (b)) is by discretionary appeal, as provided in OCGA § 5-6-35 (a) (5), rather than direct appeal.”

Section 5-6-35(a)(5) requires an application for discretionary appeal from an order revoking probation.

Smith v. State · filed 1991-11-21(a)(5)

Because no application for discretionary appeal was filed as required by OCGA § 5-6-35 (a) (5), the appeal must be dismissed for lack of jurisdiction.

Section 5-6-35(a)(5) requires permission to appeal when only probation revocation is at issue after the defendant has had an opportunity to appeal the conviction, and does not appear to cover First Offender Act revocations.

Merciers v. State · filed 1994-03-11(a)(5)

OCGA § 5-6-35 (a) (5) contemplates that permission first be obtained when only a probation revocation is at stake, defendant already having had opportunity for direct appeal of his conviction. Considering that the categories for which application must be made are relatively minor (subsection (6)), or some review has already been had (subsection (1)), or the appeal is not from the adjudication of the underlying dispute (subsection (4)), subsection (5) would not appear to contemplate revocations under the First Offender Act.

Section 5-6-35(a)(5) makes an appeal from revocation of first-offender probation subject to the discretionary-appeal procedure.

Zamora v. State · filed 1997-03-12(a)(5)

In Dean v. State, 177 Ga.App. 123, 124(1), 338 S.E.2d 711, this Court concluded that the discretionary appeal procedure of OCGA § 5-6-35 is applicable to the revocation of "first-offender" probation. OCGA § 5-6-35(a)(5). And this rule has been previously recognized in an appeal where all issues related only to the sentence imposed rather than to the revocation of probation. Tallant v. State, 187 Ga.App. 138, 369 S.E.2d 789. Thus, Zamora's failure to comply with those requisite discretionary procedures deprive this Court of jurisdiction to consider this appeal. The appeal must be dismissed.

Section 5-6-35 requires an application for discretionary appeal from an order revoking probation because the underlying subject matter controls the appellate procedure, even when the appellant challenges only the resulting sentence.

White v. State · filed 1998-07-30(a)(5)

A party should review the discretionary application statute to see if it covers the underlying subject matter of the appeal. If it does, then the party must file an application for appeal as provided under OCGA § 5-6-35. This approach fulfills the legislature’s intent to give appellate courts more discretion in managing their caseload.

Section 5-6-35(a) does not make orders denying motions under OCGA §§ 15-11-40 or 15-11-70 subject to discretionary appeal.

In the Interest of J. L. K. · filed 2010-03-16(a)

Moreover, neither an order denying a motion under OCGA § 15-11-40 nor § 15-11-70 is itemized as being subject to the discretionary appeal procedure under OCGA § 5-6-35 (a).

Section 5-6-35(a)(5) requires a discretionary appeal for an order revoking probation, but not for an order revoking a suspended sentence.

Oliver v. State · filed 2010-08-31(a)(5)

And the discretionary appeal requirement in OCGA § 5-6-35 (a) (5) applies explicitly to orders revoking probation; it does not mention suspended sentences. An order revoking a suspended sentence is directly appealable.

Section 5-6-35(a)(5) requires an order revoking probation to be appealed through the discretionary-appeal procedure.

Scroggins v. State · filed 2010-11-08(a)(5)

An order revoking probation may only be appealed by the discretionary procedures set forth in OCGA § 5-6-35. See OCGA § 5-6-35(a)(5); State v. Wilbanks, 215 Ga.App. 223, 450 S.E.2d 293 (1994).

Section 5-6-35(a)(5) requires an application for discretionary review to obtain appellate review of an appeal arising from the revocation of probation.

Crawford v. State · filed 2012-05-30(a)(5)

As Crawford’s most recent sentence was imposed following the revocation of his probation, the underlying subject matter of this appeal is the revocation of probation. Accordingly, Crawford was required to file an application for discretionary review in order to obtain appellate review. OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider his appeal.

Section 5-6-35(a)(7) requires an application for discretionary appeal from an order denying an extraordinary motion for new trial.

Clark v. State · filed 2012-06-28(a)(7)

However, an appeal from an order denying an extraordinary motion for new trial must be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Because Clark failed to comply with the discretionary appeal procedure, this Court lacks jurisdiction to consider the appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review of a probation-revocation decision.

McVay v. State · filed 2012-10-10(a)(5)

Because the underlying subject matter of McVay’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Section 5-6-35(a)(8) requires an application for discretionary appeal from an order denying a motion to set aside under OCGA § 9-11-60(d).

Wooten v. the Home Depot, Inc. · filed 2012-10-10(a)(8)

Appeals from orders denying motions to set aside under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

Subsection (a)(5) requires an application for discretionary appeal when the underlying appeal concerns probation revocation.

Martin v. State · filed 2012-10-18(a)(5)

The record and Martin’s appellate brief, however, show that the underlying subject matter of Martin's appeal is the revocation of his probation for which he was required to file an application for discretionary appeal in order to appeal. See OCGA 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998) (where underlying subject matter of direct appeal is probation revocation, direct appeal must be dismissed for failure to apply for a discretionary appeal); see, e.g., Cauldwell v. State, 211 Ga. App. 417 (439 SE2d 90) (1993) (discretionary appeal of probation revocation). Martin’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal to appeal a probation revocation.

Ford v. State · filed 2012-11-16(a)(5)

Because the underlying subject matter of Ford’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal to appeal a probation-revocation order; a direct appeal is not permitted.

Moyers v. State · filed 2012-11-21(a)(5)

An application for discretionary appeal is required to appeal a probation revocation order. OCGA § 5-6- 35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). Because this Court lacks jurisdiction to consider a direct appeal from a probation revocation order, this appeal is hereby DISMISSED.