Ga. Code Ann. § 5-6-35

Section 5-6-35(a)(5) requires a defendant seeking to appeal the revocation of first offender probation to file an application for discretionary appeal.

Newton v. State · filed 2013-02-14(a)(5)

In order to appeal the revocation of his first offender probation, however, Newton was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Freeman v. State, 245 Ga. App. 333, 333-334 (537 SE2d 763) (2000); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to comply with the discretionary appeal procedure 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.

James v. State · filed 2013-02-15(a)(5)

First of all, an application for discretionary appeal is required to appeal a probation revocation order.

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

Sprayberry v. State · filed 2013-04-02(a)(5)

In addition, an application for discretionary appeal is required to appeal a probation revocation order.

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

Parson v. State · filed 2013-04-02(a)(5)

In order to appeal the revocation of his probation, however, Parson was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the underlying subject matter of the appeal is probation revocation.

Griffin II v. State · filed 2013-04-17(a)(5)

Because the underlying subject matter of Griffin’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). We lack jurisdiction over this direct appeal, which is therefore DISMISSED.

Subsection (a)(5.2) requires a discretionary-appeal application to challenge an order denying release from sex-offender-registry requirements.

Sim James Pope, Jr. v. State · filed 2013-05-09(a)(5.2)

In order to appeal this order, however, Pope was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (5.2).

Section 5-6-35(a)(2)'s discretionary-appeal procedure need not be followed to appeal an order in a child-custody case because such orders are directly appealable.

Doreen Dae Eddy and Peter B. Eddy v. Rivera · filed 2013-05-13(a)(2)

OCGA § 5-6-34 (a) (11) provides that “[a]ll judgments or orders in child custody cases including, but not limited to, awarding or refusing to change child custody” are now directly appealable. The effect of this broad language is that a party seeking to appeal any order in a child custody case – even a non-final order such as the one at issue here – is no longer required to comply with either the interlocutory appeal procedure of OCGA § 5-6-34 (b) or the discretionary appeal procedure of OCGA § 5-6-35 (a) (2).

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).

Thompson Law, LLC v. Tbf Financial, LLC · filed 2013-07-11(a)(8)

A motion to set aside based upon lack of jurisdiction is governed by OCGA § 9-11-60 (d). And an order denying a motion to set aside under OCGA § 9-11-60 (d) is subject to the discretionary appeal procedure. See OCGA § 5-6-35 (a) (8); Marshall v. Gatison, 197 Ga. App. 370 (398 SE2d 429) (1990). Because Thompson Law failed to follow the proper appellate procedure, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Riggs v. State · filed 2013-08-20(a)(5)

Under OCGA § 5-6-35 (a) (5), appeals from orders revoking probation must be taken by application for discretionary appeal. Because Riggs failed to comply with the discretionary appeal procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Brown v. State · filed 2013-08-27(a)(5)

As Brown’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, Brown 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. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Major Clark v. State · filed 2013-09-13(a)(5)

In order to appeal the revocation of his probation, however, Clark was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); see also Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires a defendant seeking to appeal the revocation of first offender probation to file an application for discretionary appeal.

Capers v. State · filed 2013-10-09(a)(5)

In order to appeal the revocation of his first offender probation, however, Capers was required to file an application for discretionary appeal. ... His failure to comply with the discretionary appeal procedure deprives this court of jurisdiction to consider his appeal, which is therefore DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Bell v. State · filed 2013-10-10(a)(5)

Because the underlying subject matter of Bell’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).

Section 5-6-35(a)(5) requires an appellant challenging a probation revocation to follow the discretionary appeal procedures.

Reyes v. State · filed 2014-06-05(a)(5)

Because the underlying subject matter of this appeal is the revocation of Reyes’s probation, he was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) requires a party appealing a probation revocation to use the discretionary-appeal procedures.

Payton v. State · filed 2014-06-20(a)(5)

Because the underlying subject matter of this appeal is the revocation of Payton’s probation, he was required to follow the discretionary appeal procedures.

Section 5-6-35(a)(5) requires a party seeking review of a probation-revocation matter to file an application for discretionary appeal.

Duncan v. State · filed 2014-09-10(a)(5)

Second, even if the order had been final, Duncan would be required to file an application for discretionary appeal because the underlying matter involves probation revocation. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

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

Sylvester Grace v. State · filed 2014-10-09(a)(5)

However, to appeal that order, Grace was required to file an application for discretionary appeal because the underlying subject matter is the revocation of his probation. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to follow the discretionary appeal procedures deprives of us jurisdiction to review that order.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the underlying subject matter is the revocation of probation.

Jernigan v. State · filed 2014-11-19(a)(5)

Because the underlying subject matter of the appeal is the revocation of Jernigan’s 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).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns the revocation of probation.

Sladen v. State · filed 2015-01-12(a)(5)

Because the underlying subject matter of this appeal is the revocation of Sladen’s 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). We lack jurisdiction over this direct appeal, which is therefore DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of first-offender probation.

Arnold v. State · filed 2015-02-05(a)(5)

Because the underlying subject matter of Arnold’s appeal is the revocation of his “first offender” probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

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

McClendon v. State · filed 2015-04-10(a)(5)

Because the underlying subject matter of the appeal is the revocation of McClendon’s probation, he was required to file an application for discretionary appeal in order to appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain review of an order revoking first-offender probation.

Quartez Marquis Johnson v. State · filed 2015-05-05(a)(5)

Because the underlying subject matter of Johnson’s appeal is the revocation of his first-offender probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). Johnson’s failure to file an application for discretionary appeal deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Mantooth v. State · filed 2015-04-10(a)(5)

In order to appeal the revocation of his probation, Mantooth was required to file an application for discretionary appeal.

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

Wilson v. State · filed 2015-05-21(a)(5)

First, 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). Wilson’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal.

Subsection (a)(5) requires an application for discretionary appeal to obtain review of an appeal from revocation of first-offender probation.

Ankerich v. State · filed 2015-06-22(a)(5)

Because the underlying subject matter of Ankerich’s appeal is the revocation of his “first offender” probation, he 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 to challenge a probation-revocation order.

Fulton v. State · filed 2015-09-21(a)(5)

An application for discretionary appeal is required to appeal a probation revocation order.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review when the appeal concerns revocation of first-offender probation.

Truss v. State · filed 2016-02-18(a)(5)

Because the underlying subject matter of Truss’s appeal is the revocation of his “first offender” probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6- 35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a) does not make orders resolving fees and expenses under OCGA §§ 9-11-26, 9-11-30, and 9-11-37 subject to discretionary review, while subsection (j) permits an otherwise timely discretionary application to be granted when the lower court’s order is directly appealable.

Rl Bb Acq I-Ga Cvl, LLC v. Cooper Village, LLC · filed 2016-03-11(a), (j)

It appears from the record, however, that no other issues remain pending below, and orders resolving requests for fees and expenses under OCGA §§ 9-11-26, 9-11-30 and 9-11-37 do not fall within the categories of cases subject to discretionary review. See OCGA § 5-6-35 (a). Under these circumstances, the January 8, 2016 judgment is a directly appealable final order. See OCGA § 5-6-34 (a). This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Section 5-6-35(a)(5) requires a discretionary-appeal application to obtain review of an order revoking first-offender probation.

Casey W. Martin v. State · filed 2016-04-25(a)(5)

Because the underlying subject matter of appeal is the revocation of Martin’s “first offender” probation, Martin was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6- 35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

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

Roylee Smith v. State · filed 2016-05-11(a)(5)

Because the underlying subject matter of Smith’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain review of the order he challenges in this Court. ... His failure to do so deprives us of jurisdiction over this appeal.

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

Cuppett v. State · filed 2016-08-10(a)(5)

Because the underlying subject matter of Cuppett’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain review of the order he challenges in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Subsection (a)(5) requires a party seeking review of a probation-revocation ruling to file an application for discretionary appeal.

Roylee Smith v. State · filed 2016-08-25(a)(5)

Because the underlying subject matter of this appeal is the revocation of probation, Smith was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

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

Dorsey v. State · filed 2016-10-25(a)(5)

Because the underlying subject matter of Dorsey’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain review of the order he challenges in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal.

Subsection (a)(5) requires an application for discretionary appeal to appeal a probation revocation order.

Mallard v. State · filed 2016-11-21(a)(5)

An application for discretionary appeal, however, is required to appeal a probation revocation order.

Section 5-6-35(a)(5) makes appeals from orders revoking probation subject to discretionary review.

Jones v. the State · filed 2017-01-24(a)(5)

Appeals from orders revoking probation are subject to discretionary review. OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). As a matter involving the revocation of probation, the trial court’s denial of Jones’ motion to correct a void sentence after revocation is not subject to direct appeal.

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

Nunn v. State · filed 2017-02-22(a)(5)

Because the underlying subject matter of Nunn’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35 (a)(5) requires an application for discretionary appeal when the underlying subject matter of an appeal is the revocation of probation.

Havron v. State · filed 2017-03-27(a)(5)

Because the underlying subject matter of these appeals is the revocation of Havron’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). His failure to do so deprives us of jurisdiction over these direct appeals, which are therefore DISMISSED.

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

Futch v. State · filed 2017-04-27(a)(5)

An application for discretionary appeal, however, is required to appeal orders regarding probation revocation. OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 873-874 (505 SE2d 228) (1998) (where the underlying subject matter is probation revocation, the discretionary appeal procedure applies). Futch’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Ozell Walker v. State · filed 2017-07-28(a)(5)

In order to appeal the revocation of his probation, however, Walker was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Subsection (a)(5) requires a party seeking appellate review of a probation-revocation matter to file an application for discretionary appeal.

David Wayne Spratlin, Jr. v. State · filed 2017-08-22(a)(5)

Because the underlying subject matter of this appeal is the revocation of Spratlin’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

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

Robinson v. State · filed 2017-08-24(a)(5)

First, because the underlying subject matter of Robinson’s appeal is the revocation of his first-offender probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

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

Consuallo Ransom v. State · filed 2017-09-15(a)(5)

First, the underlying subject matter of Ransom’s appeal is the revocation of his probation. Thus, he was required to file an application for discretionary appeal in order to obtain review of the order he challenges in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal.

Subsection (a)(5) requires an application for discretionary appeal to obtain review of an order concerning the revocation of probation.

Schofield v. State · filed 2017-12-04(a)(5)

First, with respect to his challenge regarding a recidivist sentence, the underlying subject matter of that claim is the revocation of his probation in case no 2011-C-44675. Thus, he was required to file an application for discretionary appeal in order to obtain review of the order he challenges in this Court. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Subsection (a)(5) requires a defendant to seek a discretionary appeal to challenge an order revoking probation.

Arias D. Holland v. State · filed 2018-01-02(a)(5)

In order to appeal the revocation of his probation, however, Holland was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005).

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

Bivins v. State · filed 2018-04-26(a)(5)

Because the underlying subject matter of these appeals is the revocation of Bivins’s probation, he was required to file applications for discretionary appeal in order to obtain appellate review.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Haney v. State · filed 2018-07-19(a)(5)

Because the underlying subject matter of this appeal is the revocation of Haney’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) and (b) require an application for discretionary appeal to obtain review of a probation revocation.

Groves v. State · filed 2018-08-27(a)(5), (b)

Because the underlying subject matter of Groves’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires a discretionary appeal application for an order revoking probation, including when the challenged motion's underlying subject matter is probation revocation.

Howard W. Clyde, Jr. v. State · filed 2018-09-26(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). The underlying subject matter of Clyde’s “Motion to Correct a Clerical Error” was the revocation of his probation. Thus, a discretionary application was required here.

Subsection (a)(5) requires an application for discretionary appeal to obtain appellate review of a revocation of first-offender probation.

James Kevin Exum, Sr. v. State · filed 2018-10-17(a)(5)

Because the underlying subject matter of Exum’s appeal is the revocation of his “first offender” probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Subsection (a)(5), together with subsection (b), requires an application for discretionary appeal to appeal a probation revocation.

Anderson v. State · filed 2018-12-19(a)(5), (b)

To appeal the revocation of his probation, Anderson was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013).

Section 5-6-35(a)(5) and (b) require an application for discretionary appeal to challenge a probation revocation.

Johnson v. State · filed 2019-01-15(a)(5), (b)

To appeal the revocation of probation, however, Johnson was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires a party seeking review of a first-offender probation revocation to file an application for discretionary appeal.

Olson v. State · filed 2019-02-11(a)(5)

Because the underlying subject matter of Olson’s appeal is the revocation of his “first offender” probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Subsection (a)(5) requires a party to file an application for discretionary appeal before appealing a probation revocation.

James v. State · filed 2013-09-13(a)(5)

Because the underlying subject matter of James’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).

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

Perkinson v. State · filed 2016-02-18(a)(5)

An application for discretionary review is required to appeal a probation revocation order. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 430- 431 & n. 3 (1) (623 SE2d 247) (2005). Perkinson’s failure to comply with the discretionary review procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Taylor v. State · filed 2017-02-07(a)(5)

Because the underlying subject matter of the appeal is the revocation of Taylor’s 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).

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

Gates v. State · filed 2019-02-22(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation. ... Thus, a discretionary application was required here.

Section 5-6-35 requires an appeal from a probation-revocation proceeding to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Campbell v. State · filed 2019-03-21(a)(5), (b)

The underlying subject matter here is the revocation of Campbell’s probation. An appeal in such a proceeding must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); White, 233 Ga. App. at 874. “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Richie v. State · filed 2019-04-30(a)(5)

Because the underlying subject matter of Richie’s appeals is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n.2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires a probation-revocation appeal to proceed by application for discretionary appeal rather than by direct appeal.

Stokes v. State · filed 2019-04-30(a)(5)

Because the underlying subject matter of this appeal is the revocation of Stokes’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

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

Cochran v. State · filed 2019-05-07(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). The underlying subject matter of Cochran’s motion was to set aside or modify his probation revocation. Thus, a discretionary application was required here.

Section 5-6-35 requires an application for discretionary appeal when the appeal concerns a revocation of probation.

Jones v. State · filed 2019-06-20(a)(5), (b)

Because the underlying subject matter of this appeal concerns the revocation of probation, Jones was required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires a discretionary appeal for an order revoking or modifying first-offender probation.

Gillispie v. State · filed 2019-07-22(a)(5)

The discretionary appeal procedure of OCGA § 5-6-35 (a) (5) applies to the revocation and modification of “first offender” probation.

Section 5-6-35 (a) (2) requires discretionary applications for appeals from domestic-relations orders, including contempt orders.

Wilson v. Perkins · filed 2019-11-13(a)(2)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2).

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

Ash v. State · filed 2019-12-04(a)(5)

An application for discretionary appeal is required to appeal orders revoking probation.

Section 5-6-35 (a) (5) and (b) require a discretionary application to appeal an order involving the revocation of probation.

Shields v. State · filed 2020-01-28(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Shields’s probation, compliance with the discretionary application procedures is required. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Section 5-6-35(a)(5), (b) requires an application for discretionary appeal to obtain review of the revocation of first-offender probation.

Brown v. State · filed 2020-02-14(a)(5), (b)

Because the underlying subject matter of Brown’s appeal is the revocation of his first offender probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5), (b); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997); Dean v. State, 177 Ga. App. 123, 124-125 (1) (338 SE2d 711) (1985). His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Zamora, 226 Ga. App. at 105.

The statute requires an appeal from a probation-revocation order to be initiated by a discretionary-review application filed in the appropriate appellate court, and compliance is jurisdictional.

Ridley v. State · filed 2020-02-20(a)(5), (b), (d)

An appeal from an order revoking probation must be initiated by filing an application for discretionary review.

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

Holmes v. State · filed 2020-04-03(a)(5)

An application for discretionary appeal is required to appeal orders revoking probation.

Section 5-6-35 requires a party appealing a probation revocation to file an application for discretionary appeal.

Sharpe v. State · filed 2020-05-12(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Sharpe’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). His failure to do so deprives this Court of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Justice Little v. State · filed 2020-05-22(a)(5)

First, because the underlying subject matter of Little’s appeal is the revocation of his first offender probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) and (b) require a discretionary-appeal application to appeal an order revoking probation.

McRae v. State · filed 2020-07-21(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of McRae’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

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

Buffington v. State · filed 2020-08-19(a)(5)

However, an application for discretionary appeal is required to appeal an order revoking probation.

Section 5-6-35 requires a discretionary-appeal application to challenge a probation revocation.

Rolland v. State · filed 2020-11-18(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Rolland’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999).

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

Wright v. State · filed 2020-12-01(a)(5)

Because the underlying subject matter of these appeals is the revocation of Wright’s probation, he was required to file applications for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) and (b) require appeals from probation-revocation proceedings to begin with an application for discretionary review.

Barr v. State · filed 2021-01-05(a)(5), (b)

An appeal in such a proceeding must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); White, 233 Ga. App. at 874.

An application for discretionary appeal is required to appeal an order revoking probation under section 5-6-35(a)(5).

Ingol v. State · filed 2021-04-20(a)(5)

An application for discretionary appeal is required to appeal an order revoking probation.

An application for discretionary appeal is required to appeal an order revoking probation.

Garmon v. State · filed 2021-06-17(a)(5)

An application for discretionary appeal is required to appeal an order revoking probation.

Subsection (a)(5) requires an application for discretionary appeal to obtain appellate review of an appeal from a probation revocation.

Davis v. State · filed 2021-09-16(a)(5)

Because the underlying subject matter of this appeal is the revocation of Davis’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review.

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

Clark v. State · filed 2022-04-06(a)(5)

Because the underlying subject matter of Clark’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain appellate review.

Section 5-6-35(a)(5) requires appeals from probation revocation orders to be brought by discretionary-appeal application rather than direct appeal.

Tribble v. State · filed 2022-06-27(a)(5)

First, appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

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

Byard v. State · filed 2022-07-11(a)(5)

Because the underlying subject matter of this appeal is the revocation of Byard’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

A probation revocation appeal requires an application for discretionary appeal.

Snowden v. State · filed 2022-07-27(a)(5)

Because the underlying subject matter of Snowden’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n.2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35 (a) (5) and (b) require a party seeking appellate review of a probation-revocation order to use the discretionary-appeal application procedure.

Butler v. State · filed 2022-07-08(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Butler’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review of the trial court’s order.

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

Lewis v. State · filed 2022-09-29(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35 (a) (5) requires appeals from probation revocation orders to be pursued by application for discretionary appeal.

Jackson v. State · filed 2022-11-30(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013).

Section 5-6-35 (a) does not cover an order that is directly appealable rather than one requiring a discretionary appeal.

Fitzgerald v. Atl21wr Owner LLC D/B/A Northcrest Apartments · filed 2022-12-12(a) and (j)

We also note that no provision of OCGA § 5-6-35 (a) relating to discretionary appeals appears to apply to the order Fitzgerald seeks to appeal. ... We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

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

Davis v. State · filed 2023-04-04(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Davis’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999).

Section 5-6-35 (a) (5) requires appeals from probation revocation orders to be brought by application for discretionary appeal.

Wasson-Smith v. State · filed 2023-05-09(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013). And where a discretionary application is required, failure to comply with that requirement deprives this Court of jurisdiction. See Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021).

Section 5-6-35 (a)(2) requires an application for discretionary appeal from orders holding or declining to hold a person in contempt in a domestic-relations case.

Robinson v. Webb · filed 2023-08-04(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). The underlying action – a contempt petition from a divorce decree – is a domestic relations case that requires compliance with the discretionary appeal statute.

Section 5-6-35 (a) (5) and (b) require a party seeking appellate review of a probation-revocation order to use the discretionary-appeal application procedure.

Hollis v. State · filed 2023-09-28(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Hollis’s probation, he was required to file an application for discretionary appeal in order to obtain appellate review of the trial court’s order.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Klingensmith v. State · filed 2024-01-16(a)(5)

Because the underlying subject matter of Klingensmith’s appeals is the revocation of his probation, he was required to file applications for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 430-431 (1) (623 SE2d 247) (2005) (an appeal from the revocation of conditional-discharge probation and adjudication of guilt under OCGA § 16-13-2 must be initiated by an application for discretionary review); Jones v. State, 322 Ga. App. 269, 269 n.2 (745 SE2d 1) (2013) (an appeal from the revocation of first offender probation under OCGA § 42-8-60 must be initiated by an application for discretionary review).

Section 5-6-35 (a)(5) requires appeals from probation revocation orders to be brought by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Hamilton v. State · filed 2024-02-12(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (5) requires an appeal from a probation revocation order to be pursued by application for discretionary appeal.

Ellis v. State · filed 2024-03-19(a)(5)

First, appeals from probation revocation orders must be made by application for discretionary appeal.1 See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013).

Section 5-6-35 (a) (5) requires an appellant seeking review of a probation-revocation order to file an application for discretionary appeal.

Randolf Smith v. State · filed 2024-04-09(a)(5)

Because the underlying subject matter of Smith’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal to obtain review in this Court.

Section 5-6-35 (a) (5) requires a discretionary-appeal application for appellate review of an order revoking first-offender probation.

Canady v. State · filed 2024-04-17(a)(5)

First, because Canady seeks to appeal from an order revoking his first offender probation, he was required to file an application for discretionary appeal to obtain appellate review. See OCGA § 5-6-35 (a) (5); Dean v. State, 177 Ga. App. 123, 124-125 (1) (338 SE2d 711) (1985) (holding that there is no right of direct appeal from an order revoking first offender probation; a discretionary application must be filed).

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

Stanford King v. State · filed 2024-05-14(a)(5)

First, to the extent that King challenges his probation revocation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Subsection (a)(5) requires an application for discretionary appeal when appealing a probation revocation order.

Gravitt v. State · filed 2024-07-10(a)(5)

First, appeals from probation revocation orders must be made by application for discretionary appeal.

Section 5-6-35(a)(5) requires appeals from probation revocation orders to be pursued by application for discretionary appeal.

Campbell v. State · filed 2024-12-13(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 340 Ga. App. 101, 102 (796 SE2d 487) (2017).

Section 5-6-35 (a) (2) requires an application for discretionary appeal from orders in domestic-relations cases that hold or decline to hold a person in contempt.

Reid v. Sutton · filed 2025-01-24(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases,” including orders “holding or declining to hold persons in contempt” of such orders, must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (5) requires an application for discretionary appeal to obtain review of a probation revocation, and compliance with that procedure is jurisdictional.

Owens v. State · filed 2025-02-04(a)(5)

Because the underlying subject matter of this appeal is the revocation of Owens’s probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Section 5-6-35 (a)(2) requires an application for discretionary appeal from orders entered in domestic-relations cases, including contempt orders concerning alimony judgments or orders.

Dunn v. Dunn · filed 2025-02-11(a)(2)

But appeals from orders entered in domestic relations cases, including orders holding persons in contempt of alimony judgments or orders, must come by application for discretionary review. See OCGA § 5-6-35 (a) (2). When both OCGA § 5-6-34 (a) and OCGA 5-6-35 (a) are involved, an application for appeal is required when “the underlying subject matter” of the appeal is listed in OCGA § 5-6-35 (a), even though the party may be appealing a judgment or order that is procedurally subject to a direct appeal under OCGA § 5-6-34 (a).

Section 5-6-35 (a) (5) requires an application for discretionary appeal when the appeal concerns the revocation of probation.

Randolf Smith v. State · filed 2025-01-16(a)(5)

Because the underlying subject matter of this appeal is the revocation of Smith’s probation, he was required to file an application for discretionary appeal in order to appeal.

Section 5-6-35 (a)(5) requires an appeal from a probation-revocation order to be made by application for discretionary appeal.

Green v. State · filed 2025-08-20(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal.

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

Pennington v. State · filed 2025-09-15(a)(5)

However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35 (a) (5).

Subsection (a)(5) requires an application for discretionary appeal from a probation-revocation order rather than a direct appeal.

Gaskin v. State · filed 2026-01-15(a)(5)

First, Gaskin has no right of direct appeal from the trial court’s order. Instead, appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013). And because compliance with the discretionary appeals procedure is jurisdictional, failure to comply with that procedure, where applicable, requires dismissal of the appeal. Hair Restoration Specialists v. State of Georgia, 360 Ga. App. 901, 903 (862 SE2d 564) (2021).

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

Burke v. State · filed 2026-06-04(a)(5)

An application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35(a)(5).

Section 5-6-35 requires appeals from domestic-relations judgments or orders, including contempt orders, to be brought by discretionary application.

Parmer v. Niven · filed 2026-06-08(a)(2), (b)

Appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary appeal. See OCGA § 5-6-35(a)(2), (b).

Section 5-6-35(a)(2) and (b) require appeals from judgments or orders in domestic-relations cases, including contempt orders, to be initiated by an application for discretionary review filed in the Court of Appeals.

JOSEPH CLINTON HILL, JR. v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., JEREMIAH HILL · filed 2026-01-22(a)(2), (b)

Appeals from judgments or orders in domestic relations cases, including orders “holding or declining to hold persons in contempt,” must be made by application for discretionary review. See OCGA § 5-6-35(a)(2), (b). See also Russo v. Manning, 252 Ga. 155, 156 (312 SE2d 319) (1984) (“A judgment of contempt regarding a domestic relations decree is appealable only by application for discretionary appeal.”). Unlike a notice of appeal, an application for discretionary review by the Court of Appeals must be filed in this Court and must comply with OCGA § 5-6-35 and Court of Appeals Rule 31. Thus, Hill’s filing in the superior court cannot be construed as an application for discretionary review.

Section 5-6-35(a)(9) requires an application to appeal an order granting or refusing a temporary restraining order; it does not cover an order modifying an interlocutory injunction.

Jones v. Peach Trader Inc. · filed 2017-10-31(a)(9)

In sum, the Joneses seek a direct appeal from an order that modifies, or partially dissolves, an existing interlocutory injunction. That type of order is not directly appealable under OCGA § 5-6-34 (a) (4), nor is it subject to the discretionary application procedure for temporary restraining orders.

Section 5-6-35(a)(2) requires an application for appeal when the issues appealed clearly arise from or are ancillary to divorce proceedings or derive from a marital relationship and divorce.

Russo v. Manning · filed 1984-02-16(a)(2)

Where the underlying subject matter, i.e., the issues sought to be appealed, clearly arises from or is ancillary to divorce proceedings, or is derived from a marital relationship and divorce, the appeal is within the ambit of this statute.

Section 5-6-35(a)(2) requires an application for appeal, rather than a direct appeal, from judgments or orders in domestic relations cases, including legitimation proceedings.

Brown v. Williams · filed 1985-04-17(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), “[a]ppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases . . .” are required to be made by application to the appropriate appellate court, rather than by direct appeal. A legitimation proceeding is a type of domestic relations case. The appellant having made no application for permission to appeal in accordance with the code section, it follows that this appeal must be dismissed.

Section 5-6-35(a)(2) requires an application for permission to appeal in a legitimation proceeding because it is a type of domestic relations case.

Hill v. Adams · filed 1987-05-12(a)(2)

“A legitimation proceeding is a type of domestic relations case” and an application for permission to appeal must be made in accordance with OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires an application to appeal in matters involving child custody, but a deprivation proceeding is not treated as a custody matter requiring an application.

In the Interest of A. L. L. · filed 1994-01-28(a)(2)

Although not raised by the parties, we first consider the issue of our jurisdiction and whether this matter is one involving child custody, requiring an application to appeal. OCGA § 5-6-35 (a) (2). ... “A deprivation proceeding is to determine whether the child is a deprived child. ... Although the juvenile court is authorized to determine who will exercise custody over a ‘deprived’ child, the proceeding itself is to determine whether the child is deprived and is not an action brought to decide custody matters concerning the child.” ... Therefore, this court has jurisdiction to consider this appeal.

Section 5-6-35(a)(3) applies to dispossessory actions only when the sole issue is rent due of $2,500 or less.

Housing Authority v. Bigsby · filed 1991-07-15(a)(3)

OCGA § 5-6-35 (a) (3) is applicable only to dispossessory actions in which the only issue to be resolved is rent due of $2,500 or less. As the authority also challenged the trial court’s refusal to terminate the lease in this appeal, the discretionary appeal procedures are not applicable.

Section 5-6-35 requires discretionary appellate procedures for appeals in civil actions filed by prisoners, and failure to comply deprives the appellate court of jurisdiction.

Botts v. Givens · filed 1996-10-01

Under OCGA § 42-12-8, appeals in all civil actions filed by prisoners now require the discretionary procedures set forth in OCGA § 5-6-35. Plaintiff’s failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider the case. This appeal must be dismissed.

Section 5-6-35 requires discretionary appeal procedures in all appeals brought by inmates in civil actions.

Gates v. Yeager · filed 1998-04-06

Under OCGA § 42-12-8, the discretionary appeal procedures pursuant to OCGA § 5-6-35 are required in all appeals brought by inmates in civil actions.

Section 5-6-35 requires a discretionary appeal only when the appellant is a prisoner or former prisoner appealing an action the appellant filed while imprisoned.

In the Interest of K. W. · filed 1998-06-29

Reading these sections of the Act together, we conclude the Act requires that the discretionary appeal procedure of § 5-6-35 be used only where the appellant is a prisoner or a former prisoner appealing from an action that was filed by the appellant when he or she was a prisoner. See Jones v. Townsend, 267 Ga. 489, 490, 480 S.E.2d 24 (1997). Since Whitehead is not appealing from an action that was filed by her when she was imprisoned, she properly filed a direct appeal.

Section 5-6-35(a)(3) requires discretionary-appeal procedures to review a dispossessory judgment when the only issue is back rent under $2,500.

Dobbs v. Atkinson · filed 1999-05-18(a)(3)

Under OCGA § 5-6-35 (a) (3), the aggrieved party must comply with the discretionary appeal procedures in order to review a judgment rendered in a dispossessory action where the only issue is the amount of back rent due, and the amount awarded is less than $2,500. Here, the amount of rent initially awarded is only $850, and were we to consider the December 14, 1998, ruling of the state court to be a final disposition, we would be obliged to dismiss this attempted direct appeal based on the absence of the jurisdictional amount.

Section 5-6-35(a)(2) requires appeals in family-violence actions, as domestic-relations cases, to be brought by application for discretionary appeal.

Wilson v. Wilson · filed 2013-09-26(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19- 13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra.

Section 5-6-35 (a) (2) requires an application for discretionary appeal in family violence actions because they are domestic relations cases.

Cuppett v. Henry · filed 2014-08-13(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra.

Section 5-6-35(d) governs the 30-day timing of a discretionary application, while the underlying subject matter determines the proper appeal procedure.

Kacevic v. Najarian Capital LLC · filed 2021-06-02(d)

Generally, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed.

Section 5-6-35(d) generally requires a discretionary application within 30 days, subject to the appeal procedure dictated by the underlying subject matter.

Cunningham v. Bim and Associates, Inc. · filed 2021-07-23(d)

An application for discretionary review generally may be filed within 30 days of entry of the order sought to be appealed.

Section 5-6-35(a)(6) requires an application for discretionary appeal in actions for damages when the judgment is $10,000.00 or less.

ABREU v. MACALUSO AND ASSOCIATES, LLC D/B/A DR. ROOF · filed 2022-04-28(a)(6)

First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less.”

For damages judgments of $10,000 or less, subsection (a)(6) together with subsection (b) requires an application for discretionary review, and compliance is jurisdictional.

Harris v. International Auto Liquidators, LLC · filed 2025-11-20(a)(6), (b)

Second, appeals in actions for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Harris’s failure to follow the proper procedure in this appeal involving a $665.16 final judgment independently deprives us of jurisdiction over this direct appeal. See Jennings, 235 Ga. App. at 357.

For determining whether discretionary appeal procedures apply, the judgment amount includes principal, costs, and legal-rate interest accrued from the filing of the judgment through the filing of the notice of appeal.

Castleberry's Food Co. v. Smith · filed 1992-10-06(a)(6)

We believe that these cases provide sufficient clarity, but to put the matter finally to rest, we hold that for establishing jurisdiction pursuant to OCGA § 5-6-35 (a) (6), a judgment is comprised of principal, plus costs, plus interest at the legal rate accrued from the date of the filing of the judgment until the date of the filing of the notice of appeal.

Section 5-6-35(a)(12)’s discretionary appeal procedure applies to termination of parental rights proceedings filed on or after January 1, 2008, based on the filing date of the action rather than the date of the order.

In the Interest of K. R. · filed 2009-03-09(a)(12)

Thus, the salient date for triggering the change in appellate procedure in an appeal from an order terminating parental rights is the time the legal action is filed, not the date that an order sought to be appealed in such action is issued.

Subsection (a)(2) permits a direct appeal without an application for appeal when it applies to a parental-rights termination petition and the resulting court order.

In the Interest of D. S. · filed 1985-10-18(a)(2)

OCGA § 5-6-35 (a) (2) became effective July 1, 1984, prior to the petition to terminate parental rights and the court’s order entered thereon in the instant case, so an application for appeal is not required in this case.

Section 5-6-35(a)(2) does not require discretionary appeal procedures for appeals from termination of parental rights because those appeals are directly appealable.

In the Interest of Rly, Mry & Ray · filed 1986-10-15(a)(2)

Appeals from termination of parental rights do not fall within the purview of OCGA § 5-6-35 (a) (2), which requires discretionary appeal procedures for child custody cases. The instant case thus being directly appealable, this discretionary appeal must be dismissed.

Section 5-6-35(a)(2) does not require a discretionary appeal for an order terminating parental rights; such a termination order is directly appealable.

In the Interest of R. E. M. · filed 1993-01-12(a)(2)

Although appellant did not comply with the discretionary appeal procedures, the instant appeal does not come within the purview of OCGA § 5-6-35 (a) (2), and the termination order is directly appealable.

Section 5-6-35 (a) (2) requires certain appeals to be made by discretionary application but does not cover appeals involving termination of parental rights.

In Re SNS · filed 1987-04-17(a)(2)

Cases involving termination of parental rights must be made by direct appeal, as they are not within the purview of OCGA § 5-6-35 (a) (2) requiring certain appeals to be made by discretionary application.

A direct appeal from a probation revocation is unavailable unless the appellant first files an application for discretionary appeal.

Bryant v. State · filed 1985-10-23(a)(5), (b), (f)

Appellant has not filed an application for a discretionary appeal pursuant to OCGA § 5-6-35 (a) (5), (b), (f). Consequently, we are without jurisdiction over this direct appeal and the appeal is dismissed.

Section 5-6-35's discretionary-appeal procedure applies to orders revoking first-offender probation as well as other criminal probation orders.

Dean v. State · filed 1985-11-26(a)(5)

We turn first to the procedural issue of whether the revocation of "first-offender" probation is controlled by the discretionary appeal procedure of OCGA § 5-6-35. The statute applies to "orders revoking probation," making no distinction between "first-offender" probation (see OCGA § 42-8-60 et seq.) and probation otherwise provided for in criminal cases (see OCGA § 42-8-34).

An appeal from a superior-court decision reviewing a lower-court decision by certiorari must be brought by application in the nature of a petition.

Baety v. Eisenstein · filed 1985-10-29(a)(1), (b)

“Appeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari . . . shall be by application in the nature of a petition. . . .” OCGA § 5-6-35 (a) (1) and (b). No such application having been made, the appeal must be dismissed.

In garnishment cases, an application for appeal is required, except for judgments or orders granting or refusing applications for attachment against fraudulent debtors that are directly appealable under § 5-6-34(a)(5).

Murdock v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION · filed 1985-12-05(a)(4)

OCGA § 5-6-35 (a) (4) provides that in cases involving garnishment, except for all judgments or orders granting or refusing applications for attachment against fraudulent debtors which are directly appealable under OCGA § 5-6-34 (a) (5) (such judgments or orders are not in issue here), an application for appeal must be taken. Inasmuch as appellant has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed.

Subsection (a)(2) requires an application for an appeal in the specified types of cases.

Bennett v. Barrett · filed 1985-09-03(a)(2)

Our scrutiny of the entire record indicates that the instant case does come within the ambit of the cited Code section, and that the appeal should therefore be dismissed for failure to follow the prescribed procedure.

Section 5-6-35(a)(4) requires appeals in garnishment cases to be taken by application, except for specified attachment orders that are directly appealable.

Wallace v. SAKS FIFTH AVENUE, ATLANTA, INC. · filed 1986-10-27(a)(4)

“OCGA § 5-6-35 (a) (4) provides that in cases involving garnishment, except for all judgments or orders granting or refusing applications for attachment against fraudulent debtors which are directly appealable under OCGA § 5-6-34 (a) (5) (such judgments or orders are not in issue here), an application for appeal must be taken. Inasmuch as appellant has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed. [Cit.]”

Section 5-6-35(a)(4) requires an appellant in a garnishment appeal to obtain a court order permitting the appeal; otherwise, the appeal must be dismissed.

Williams v. Kaminsky · filed 1987-06-15(a)(4)

Because appellant has failed to obtain an order of the court permitting the filing of an appeal, the appeal must be dismissed. ... OCGA § 5-6-35 (a) (4).

An appeal from a superior-court decision reviewing a State Board of Workers’ Compensation decision must be brought by application for discretionary appeal.

Brown v. Career USA · filed 2013-12-03(a)(1)

An appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal. OCGA § 5-6-35 (a) (1); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279 (471 SE2d 59) (1996).

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be initiated by application for discretionary appeal under section 5-6-35(a)(1).

DAVIS v. CKA AUTO SALES, LLC · filed 2021-05-12(a)(1)

“Appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1).

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be initiated by discretionary application under section 5-6-35(a)(1).

CRANSTON v. EREHWON, LLC · filed 2021-03-26(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal.

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be initiated by discretionary application.

Cerajewski v. Aig Home Loan · filed 2021-06-02(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal.

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be initiated by discretionary application.

Katrina Brown v. Greenscapes Design, LLC · filed 2021-07-23(a)(1)

Appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be made by discretionary application.

Tomekia Wilder v. State · filed 2021-08-26(a)(1)

First, under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal.

Section 5-6-35(a)(1) permits a direct appeal from a condemnation proceeding under Title 22-2 even when the damages amount would otherwise trigger discretionary appeal procedures under subsection (a)(6).

Walker v. Georgia Power Co. · filed 1986-01-06(a)(1), (a)(6)

Since this action arose as a condemnation proceeding initiated by Georgia Power under OCGA Title 22-2, we conclude that the matter is properly before us by direct appeal (see OCGA § 5-6-35 (a) (1)), even though the amount of damages in controversy is less than $2,500, which would otherwise necessitate dismissal for failure to follow the discretionary appeal procedures of OCGA § 5-6-35 (a) (6).