Ga. Code Ann. § 5-6-35

Section 5-6-35(a)(8) can encompass an order denying a motion to set aside, but a discretionary-appeal application is superfluous when that order is directly appealable together with other final orders.

Talevski v. Young · filed 2013-07-12(a)(8), (j)

... no provision of OCGA § 5-6-35 (a) appears to apply.1 Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). In this case, however, Talevski has already filed a notice of appeal. Accordingly, this application is superfluous, and it is therefore DISMISSED.

Subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Swofford v. Magee · filed 2014-08-12(j)

Under OCGA § 5-6-35 (j), this Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal.

Subsection (j) provides that a timely discretionary application should be granted when the lower court’s order is subject to direct appeal.

Nolan v. Burdette Sr. · filed 2015-06-22(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) addresses when a discretionary application is unnecessary because the challenged ruling is subject to direct appeal.

Lopez v. State · filed 2023-05-31(j)

Lopez was not required to file a discretionary application in order to challenge the trial court’s dismissal of his motion to withdraw the guilty plea. Ordinarily, we will grant a timely discretionary application if the lower court’s ruling is subject to direct appeal. See OCGA § 5-6-35 (j). However, in light of Lopez’s direct appeal of the trial court’s order, this application is superfluous.

Section 5-6-35(a)(6) does not require a discretionary application when an action commenced as a foreclosure upon personal property.

Vernon Prince, Agent for Amy Prince v. Gordon Rawls, Sr., D/B/A Rawls Paint and Body Shop · filed 2017-06-08(a)(6)

It appears, however, that this case commenced as a foreclosure upon personal property; thus, it is not an “action for damages” within the meaning of OCGA § 5-6- 35 (a) (6) necessitating a discretionary application.

Section 5-6-35(a)(10) makes appeals from awards of attorney’s fees or litigation expenses under Code Section 9-15-14 discretionary, including orders denying those fees or expenses, without an amount-of-recovery limit.

Jones v. Padgett · filed 1988-03-03(a)(10)

OCGA § 5-6-35 (a) (10) provides that “[a]ppeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14” are discretionary appeals which must be brought pursuant to OCGA § 5-6-35. The “awards” which are made discretionary pursuant to OCGA § 5-6-35 (a) (10) are not otherwise limited by an amount of recovery and, therefore, an award which denies attorney’s fees and expenses of litigation to a movant pursuant to OCGA § 9-15-14 is as much discretionary as an award which grants such relief to the movant.

Section 5-6-35(a)(10) treats both grants and denials of attorney-fee and litigation-expense awards under § 9-15-14 as discretionary appeals, without limiting them by the amount of recovery.

Swanson v. Swanson · filed 1995-01-03(a)(10)

“[t]he ‘awards’ which are made discretionary pursuant to OCGA § 5-6-35 (a) (10) are not otherwise limited by an amount of recovery and, therefore, an award which denies attorney’s fees and expenses of litigation to a movant pursuant to OCGA § 9-15-14 is as much discretionary as an award which grants such relief to the movant.”

Section 5-6-35(a)(10) requires appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 to be brought by discretionary application rather than direct appeal.

Correia v. Hugh M. Dejarnette, Jr. · filed 2014-07-31(a)(10)

But appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Subsection (a)(10) requires a discretionary application, rather than a direct appeal, for orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Wilcher v. Way Acceptance Company · filed 2014-10-29(a)(10)

Pursuant to OCGA § 5-6-35 (a) (10), appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal.

Section 5-6-35(a)(10) generally requires discretionary review of attorney-fee awards, but a nonfinal order in a pending action remains subject to interlocutory procedures.

Barnes v. Diamond South Construction, LLC · filed 2021-07-23(a)(10)

Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14.

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

Bell v. Cohran · filed 2000-06-20(a)(8)

The order appealed, therefore, was not one denying a § 9-11-60 (d) motion to set aside which may be appealed by application pursuant to OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires discretionary appellate review rather than a direct appeal from an order on a motion to set aside.

Burruss v. Ferdinand · filed 2000-06-27(a)(8)

Similarly, Burruss’s other motion was captioned a motion to set aside, which is not directly appealable. OCGA § 5-6-35 (a) (8).

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

In Re Booker · filed 1988-03-14(a)(8)

The appeal from the denial of a motion to set aside a judgment requires an application for discretionary review. OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires discretionary appeal for an order denying a motion to set aside a judgment, even when the motion also seeks a new trial.

Parker v. Bellamy-Lunda-Dawson · filed 1989-01-30(a)(8)

The denial of a motion to set aside a judgment pursuant to OCGA § 9-11-60 is expressly a matter of discretionary appeal under OCGA § 5-6-35 (a) (8). See also Court of Appeals Rule 40 (8). A different result does not occur merely because Parker’s motion also sought a new trial.

Section 5-6-35(a)(8) requires an application for discretionary appeal from the denial of a motion to vacate and set aside a judgment.

Gooding v. Boatright · filed 1993-12-02(a)(8)

However, appeal from the denial of a motion to vacate and set aside a judgment brought pursuant to OCGA § 9-11-60 (d) must be made by application to this court for discretionary appeal. OCGA § 5-6-35 (a) (8). An order which simultaneously denies both a motion for new trial and a motion to vacate or set aside a judgment is not directly appealable. “A careful reading of OCGA § 5-6-35 leads ... to the inescapable conclusion that the legislature never intended for the application procedure to be circumvented [by coupling the motion to set aside with a motion for new trial].”

Section 5-6-35(a)(8) requires an application for discretionary review before an appellate court has jurisdiction over an appeal from the denial of an OCGA § 9-11-60(d) motion to set aside.

Guy v. Roberson · filed 1994-08-10(a)(8)

In the case sub judice, Mark Roberson’s appeal from the denial of his OCGA § 9-11-60 (d) motion to set aside is subject to the application procedures for discretionary appeal under OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires a discretionary appeal application to challenge denial of a motion to set aside a judgment, including one based on a nonamendable defect or lack of jurisdiction, unless the motion was combined with a motion for new trial or judgment notwithstanding the verdict.

MMT ENTERPRISES, INC. v. Cullars · filed 1995-09-20(a)(8)

We note that in OCGA §§ 9-11-60(d) and 5-6-35(a)(8), considered together, our legislature has unequivocally specified that denial of 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.

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

Ubosi v. Leasecomm Corp. · filed 1997-05-29(a)(8)

Under OCGA § 5-6-35 (a) (8), the discretionary appeal procedures are required to appeal the denial of a motion to set aside a judgment filed pursuant to OCGA § 9-11-60 (d).

Section 5-6-35 requires an application for discretionary appeal to obtain review of an order denying a motion to set aside a final judgment under OCGA § 9-11-60.

Jim Ellis Atlanta, Inc. v. Adamson · filed 2006-12-19(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).

Subsection (a)(8) requires a discretionary-appeal application to challenge the denial of a motion to set aside a judgment under OCGA § 9-11-60(d).

Robbin E. Smith v. Discover Bank · filed 2012-07-20(a)(8)

In any event, even had Smith asserted grounds to set aside the summary judgment under OCGA § 9-11-60 (d), she was required to file an application for discretionary appeal to challenge the denial of such a motion. OCGA § 5-6-35 (a) (8); see Rogers v. Estate of Harris, 276 Ga. App. 898, 899 (625 SE2d 65) (2005).

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

Bofi Federal Bank v. Advance Funding, LLC · filed 2013-03-13(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 MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (462 SE2d 771) (1995). BofI’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is accordingly DISMISSED.

Subsection (a)(8) requires an appeal from the denial of a motion to set aside on grounds authorized under OCGA § 9-11-60(d) to be taken by application for discretionary appeal.

In the Interest Of: L. J. L. M., a Child · filed 2013-09-05(a)(8)

An appeal from the denial of a motion to set aside on grounds authorized under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8).

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

Brown v. D'Anna · filed 2014-06-20(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.

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

Williams v. Frederick L. Willis, III · filed 2016-03-11(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 MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995). ... He, therefore, was required to comply with the discretionary appeal procedures of OCGA § 5-6-35 (a) to appeal the denial of his OCGA § 9-11-60 motion to set aside, and his failure to do so deprives this court of the jurisdiction to consider this case.

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.

Parker v. Robinson · filed 2016-06-09(b)

The denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable, but rather 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 set aside a final judgment under OCGA § 9-11-60 to file an application for discretionary appeal rather than a direct appeal.

Adamson v. Meehan · filed 2018-03-15(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 appeal from an order denying a motion to set aside a judgment.

McDonald v. Walley · filed 2018-09-26(a)(8)

However, an appeal from an order denying such a motion to set aside must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Lemcon, supra at 892.

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

Chester v. Autovest, LLC · filed 2018-12-19(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).”

Under subsection (a)(8), an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) may be appealed only through a discretionary application.

Russell v. Kendall · filed 2020-02-13(a)(8)

Furthermore, even if Russell’s Motion could be construed as a motion to set aside a judgment under OCGA § 9-11-60 (d), the denial of such a motion is appealable only by the grant of a discretionary application, which Russell did not pursue in this case. See OCGA § 5-6-35 (a) (8); Bruno v. Light, 344 Ga. App. 799, 800, n. 4 (811 SE2d 500) (2018).

Section 5-6-35(b) 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.

Roun v. Trace Hickman · filed 2020-06-17(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 a party to seek discretionary appellate review of judgments or orders in divorce and other domestic-relations cases, and of an order denying a motion to set aside a final judgment under OCGA § 9-11-60.

Frate v. Frate · filed 2022-04-11(a)(2), (a)(8), (b)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 also 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).

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

BREMNER v. GWINNETT COMMUNITY BANK · filed 2022-04-14(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.

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

Khuri v. Carrington Place Neighborhood Association, Inc. · filed 2022-08-15(a)(8)

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

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 judgment under OCGA § 9-11-60 (d).

DAVID BROWN v. OSPREY COVE OWNERS' ASSOCIATION, INC. · filed 2023-04-11(a)(8)

The denial of such a motion is not directly appealable and requires the filing of an application for discretionary appeal under OCGA § 5-6-35.

Section 5-6-35(a)(8) requires a discretionary appeal from the denial of a motion to set aside a foreign judgment.

John W. Dunsmore, Jr. v. Rv Country, Inc. · filed 2025-01-06(a)(8)

The method for attacking a foreign judgment filed in Georgia is a motion to set aside under OCGA § 9-11-60 (d), the denial of which is subject to the discretionary appeal procedure. See Noaha, LLC v. Vista Antiques & Persian Rugs, 306 Ga. App. 323, 325-326 (1) (702 SE2d 660) (2010); see also OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) ordinarily requires discretionary review of an appeal from the denial of a motion to set aside, but interlocutory procedures apply when the case remains pending because the default judgment is only as to liability.

Cooper v. Atlantic Management Services, LLC · filed 2025-03-14(a)(8)

Ordinarily, an appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) requires compliance with the discretionary appeal statute. See OCGA § 5-6-35 (a) (8). Here, however, the motion to set aside was filed after the entry of default judgment as to liability. And a default judgment as to liability only is not a final judgment. See Cryomedics, Inc. v. Smith, 180 Ga. App. 336, 337-338 (349 SE2d 223) (1986). This case thus remains pending before the trial court, and Cooper was required to use the interlocutory appeal procedures — including obtaining a certificate of immediate review from the trial court — to appeal.

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

TEPPER v. SARASOTA CCM, INC. · filed 2025-10-30(a)(8), (b)

The denial of a motion to set aside a final judgment under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. 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 requires an application for discretionary review before a party may appeal the denial of a motion to set aside a judgment under OCGA § 9-11-60(d).

Renee Mills v. Navy Federal Credit Union · filed 2025-11-04(a)(8), (b)

The denial of a motion to set aside a judgment under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. 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(a)(8) and (b) require an application for discretionary appeal from the denial of a motion to vacate or set aside.

Atlanta Birth Center, Inc. v. Gre Midtown, LLC · filed 2026-03-18(a)(8), (b)

An appeal from the denial of a motion to vacate or set aside 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).

An appeal from the denial of a motion to set aside a default judgment requires a granted application for discretionary review; a direct appeal does not give the court jurisdiction.

Lewis v. Sun Management, Inc. · filed 1988-06-21(a)(8)

We further held that any appeal by appellant from the trial court’s ruling on such a motion to set aside could 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). ... Under the applicable statutory provisions, as well as the law of the case rule, we are without jurisdiction to entertain such a direct appeal by appellant.

An order denying a motion to set aside a judgment requires an application for discretionary appeal, even when the motion also requests a new trial.

Magnum Communications, Ltd. v. International Business Machines Corp. · filed 1992-11-02(a)(8)

Regardless of how appellant’s motion is denominated, the basis of the motion is that the consent judgment was entered in violation of the settlement agreement. Consequently, we conclude that the proper vehicle through which to take exception to the judgment was a motion to set aside and not a motion for new trial.

Subsection (a)(10) requires an application for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14.

Loveless v. Pickering · filed 1988-04-19(a)(10)

Appeals from awards of attorney fees or expenses of litigation under this code section require application for appellate review. OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires an application for permission to appeal before appealing an attorney-fee award under OCGA § 9-15-14.

Bowles v. Lovett · filed 1989-03-08(a)(10)

The order of May 31, 1988, awarding attorney fees to the appellees pursuant to OCGA § 9-15-14, could not be appealed directly but was required to be preceded by an application for permission to appeal.

Section 5-6-35(a)(10) requires an attorney-fee award under OCGA § 9-15-14 to be appealed by application when it is not part of a directly appealable judgment.

Adams v. Moffatt · filed 1992-05-06(a)(10)

Otherwise, such an award must be appealed by application pursuant to OCGA § 5-6-35 (a) (10). ... Inasmuch as the grant of summary judgment and dismissal in favor of Park Lane is directly appealable, the OCGA § 9-15-14 award may be reviewed as well.

Subsection (a)(10) requires an appellant seeking review of an attorney-fee and litigation-expense award under OCGA § 9-15-14 to first file an application for discretionary review.

Woodham v. the Atlanta Development Authority · filed 2018-02-14(a)(10)

Under OCGA § 5-6-35 (a) (10), in order to appeal an award of attorney fees and expenses of litigation under OCGA § 9-15-14, an Appellant must first file an application for discretionary review.

Section 5-6-35 requires an application for discretionary review to initiate an appeal from a trial court order awarding attorney fees under OCGA § 9-15-14.

Jerry A. Landers, Jr., as Administrator of Estate of Shahram Shahriari v. Shahriari · filed 2018-05-02(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an application for discretionary review to appeal a trial-court order awarding attorney fees under § 9-15-14, unless the fee award is appealed with another directly appealable matter.

Cody v. Katz · filed 2018-11-02(a)(10), (b)

An appeal from a trial court order awarding § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35(a) requires an application to appeal an award of attorney fees under § 9-15-14, even though the underlying judgment may be directly appealable.

Miller v. Miller · filed 2020-07-13(a)

Moreover, “a claim for attorney fees under [OCGA § 9-15-14] may be asserted post-judgment – up to 45 days after the final disposition of the action, OCGA § 9-15-14 (e) – and appeals of awards under OCGA § 9-15-14 are among the exceptions to OCGA § 5-6-34 (a) (1) enumerated in OCGA § 5-6-35 (a), which must be taken by application.” ... The superior court’s reservation of the issue of such ancillary and post-judgment attorney fees did not render the court’s final judgment non-final. Rather, that judgment enforcing the settlement agreement was final and directly appealable under OCGA § 5-6-34 (a) (1).

Section 5-6-35(a)(10) generally requires a discretionary appeal to review an attorney-fee award, but a nonfinal fee order in a pending action must be challenged through the interlocutory-appeal procedure.

Cook-Rose v. Waffle House, Inc · filed 2022-09-06(a)(10)

Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14. See OCGA § 5-6-35 (a) (10). However, where, as here, the action remains pending below and the order is a non-final order that does not resolve all issues in the action, a party is required to follow the interlocutory appeal procedure set forth in § 5-6-34 (b) – including obtaining a certificate of immediate review – to challenge a fee award.

Section 5-6-35 requires an application for discretionary review to appeal a trial court order awarding attorney fees under OCGA § 9-15-14.

Citizens for Transparency v. Board of Tax Assessors of Wilkinson County · filed 2024-04-11(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 requires an application for discretionary review to appeal a trial-court order awarding attorney fees under OCGA § 9-15-14.

JOSEPH P. DURHAM, JR. v. JASON SMITH · filed 2024-07-03(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 requires an application for discretionary review, rather than a direct appeal, for an appeal from an order awarding attorney fees under OCGA § 9-15-14.

Ross v. Ginger L. Tant-Sanders · filed 2024-11-15(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review.

Section 5-6-35 requires an application for discretionary review to appeal an award of attorney fees under OCGA § 9-15-14.

GIBSON v. FRANK A. BELCHER, III · filed 2025-01-06(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35(a)(10) and (b) require an application for discretionary review to appeal a trial court order awarding attorney fees under OCGA § 9-15-14.

Shepard v. Capes · filed 2025-03-10(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Consequently, Shepard’s failure to follow the discretionary review procedure deprives us of jurisdiction over his appeal from the OCGA § 9-15-14 attorney fee award. See Capricorn Systems, 253 Ga. App. at 842.

Section 5-6-35 requires an appeal from a trial court order awarding OCGA § 9-15-14 attorney fees to be initiated by filing an application for discretionary review.

In Re: Estate of John Everett Walker · filed 2025-07-31(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 requires an application for discretionary review to initiate an appeal from a trial court order awarding attorney fees under OCGA § 9-15-14.

BLOODWORTH v. PICKARD SALES COMPANY, INC. · filed 2025-09-17(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 requires an appeal from an order awarding attorney fees under OCGA § 9-15-14 to be brought by discretionary-review application, and compliance with that procedure is jurisdictional.

HELTON v. WHELAN · filed 2025-10-16(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(10) and (b) require an application for discretionary review to initiate an appeal from a superior court order awarding attorney fees under OCGA § 9-15-14.

Johnson v. Morozova · filed 2025-11-04(a)(10), (b)

An appeal from a superior court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 (a)(10) and (b) require an appeal from an order awarding attorney fees under OCGA § 9-15-14 to be initiated by an application for discretionary review.

SIMMONS v. TERRY COLLINS · filed 2026-02-25(a)(10), (b)

An appeal from a trial court order awarding attorney fees under OCGA § 9-15-14 must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a)(10), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023).

Section 5-6-35 requires an appeal from an order awarding attorney fees under OCGA § 9-15-14 to be initiated by an application for discretionary review.

Bolles v. Geico Indemnity Company · filed 2026-04-16(a)(10), (b)

An appeal from a trial court order awarding attorney fees under OCGA § 9-15-14 must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(10), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023). Compliance with the discretionary appeals procedure is jurisdictional.

Section 5-6-35 requires compliance with its application procedures when appealing the denial of a motion to set aside a final judgment filed under OCGA § 9-11-60(d).

Nc Construction Company v. Action Mobilplatform, Inc. · filed 1988-06-10

While the denial of a motion to set aside may be considered appealable in its own right where the motion is filed pursuant to OCGA § 9-11-60 (d), the right of appeal is conditioned, under such circumstances, upon compliance with the application procedures set forth in OCGA § 5-6-35. No application for appeal having been filed in the present case, it follows that the appeal must be dismissed for lack of jurisdiction.

Section 5-6-35(a)(1) requires an application for leave to appeal before this court may review a superior court order in the circumstances described.

Jenga v. Deveaux · filed 1989-10-24(a)(1)

However, even if we assume, arguendo, that appellants’ appeal was correctly filed in superior court despite their failure to avail themselves of proper procedure, review by this court may be had of the superior court’s order only by filing an application for leave to appeal. See OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(10) requires an appeal from an attorney-fee award governed by OCGA § 9-15-14 to be brought by application, regardless of whether the order is interlocutory.

Williams v. Clark-Atlanta University, Inc. · filed 1991-06-12(a)(10)

Furthermore, since the abusive litigation counterclaims in this case were filed prior to the effective date of OCGA § 51-7-80 et seq., the appellees’ motions for attorney fees and costs were governed exclusively by OCGA § 9-15-14, with the result that the present appeals were, in any event, required by OCGA § 5-6-35 (a) (10) to be brought by application, regardless of whether they were interlocutory.

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

Sartin v. State · filed 1991-10-23(a)(8)

OCGA § 5-6-35 (a) (8) provides that appeals from orders denying motions brought under OCGA § 9-11-60 (d) to set aside judgments must be made by application, not by direct appeal.

Section 5-6-35(a)(8) requires an application for discretionary appeal from the denial of a motion to set aside a judgment under OCGA § 9-11-60(d)(1), rather than a direct appeal.

Thibadeau v. Hendon · filed 1996-05-03(a)(8)

The denial of a motion to set aside a judgment brought pursuant to OCGA § 9-11-60 (d) (1) is not directly appealable but requires an application to this Court for discretionary appeal.

Subsection (c) requires a discretionary-appeal applicant to include the appealed order and the directly leading petition or motion and responses, permits relevant record or transcript excerpts, and does not generally require a complete transcript; a transcript is required when necessary for the appellate court to decide whether to grant the application.

In Re Dr · filed 2009-07-07(c)

OCGA § 5-6-35(c) provides that [t]he applicant shall include as exhibits to the petition a copy of the order or judgment being appealed and should include a copy of the petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion. An applicant may include copies of such other parts of the record or transcript as he deems appropriate. No certification of such copies by the clerk of the trial court shall be necessary in conjunction with the application. A transcript is required, however, "where a part of the record or transcript is necessary in order for the appellate court to determine whether or not the application should granted." Harper, supra at 246, 378 S.E.2d 673. Moreover, "the applicant or respondent may quote or paraphrase relevant portions of the record or transcript." Id. Court of Appeals Rule 31 governs applications for Discretionary Appeals under OCGA § 5-6-35 in this Court. The Rule provides that (b) The applicant shall include a copy of any petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion with the application. (c) ... The material must be sufficient to apprise the Court of the appellate issues, in context, and support the arguments advanced. Failure to submit sufficient material to apprise the Court of the issues and support the argument shall result in denial of the application. ... (e) Discretionary applications must contain a stamped "filed" copy of the trial court's order or judgment from which the appeal is sought. ... None of these provisions require that a complete transcript of the proceedings be submitted with the application.

Section 5-6-35(a)(2) requires an application for discretionary appeal from a divorce case, even when the divorce decree includes a child-custody determination.

Todd v. Todd · filed 2010-06-01(a)(2)

Because this is not a child custody case, but is a divorce case in which child custody is an issue, OCGA § 5-6-35(a)(2) requires an application for discretionary appeal, and a direct appeal is not authorized by OCGA § 5-6-34(a)(11).

Section 5-6-35 requires a party wishing to appeal in this context to file an application for discretionary appeal, and failing to do so deprives the appellate court of jurisdiction over a direct appeal.

Williams v. Taylor Regional Hospital · filed 2012-08-02

Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Williams’s failure to file an application for discretionary appeal in this case deprives this Court of jurisdiction over this direct appeal.

Section 5-6-35 requires a party seeking review of the specified superior-court decisions to file an application for discretionary appeal.

Lester J. Smith, Jr. v. Turner · filed 2012-11-01(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” ... Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Smith’s failure to file an application for discretionary appeal in this case deprives this Court of jurisdiction over this direct appeal.

Section 5-6-35(b) requires an application for discretionary appeal when the denial of a motion to set aside a final judgment is not directly appealable.

Bell v. L & W Supply Corporation D/B/A Building Specialties · filed 2013-04-02(b)

“In situations where a final judgment has been entered, default cannot be opened unless and until the final judgment has been set aside pursuant to OCGA § 9-11-60 (d). 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).”

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior court's review of a lower court's decision by certiorari or de novo proceedings.

McCray v. Bac Home Loans Servicing, Lp · filed 2013-08-22(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” ... “Because McCray did not follow the proper procedure for requesting discretionary review in this case, we lack jurisdiction over this appeal.”

Section 5-6-35(a)(2) requires appeals from orders and judgments in divorce cases to be made by application for discretionary appeal.

Maddox v. Coleman · filed 2014-09-25(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), appeals from orders and judgment in divorce cases are required to be made by application for discretionary appeal.

Section 5-6-35 requires a party seeking an appeal covered by the statute to file an application for discretionary appeal in the appropriate appellate court.

Clark v. the Corporation of Wilcox County · filed 2015-08-10

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35 requires a party seeking appellate review in this circumstance to file an application for discretionary appeal rather than a direct appeal.

Scott v. Scott Schmidly, St. Joseph's Hospital Board of Directors · filed 2016-01-11

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal.

Section 5-6-35 requires a party seeking an appeal in a covered civil case to apply for discretionary review rather than take a direct appeal.

Davis v. Liipfert · filed 2016-03-22

And under OCGA § 5-6- 35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35(a)(1) requires an application for discretionary appeal in zoning cases.

LIVE OAK GROUP, LLC v. CITY OF TYBEE ISLAND, GEORGIA · filed 2016-09-09(a)(1)

All appeals in zoning cases require an application for discretionary appeal.

Section 5-6-35(a)(4) and (b) require appeals in garnishment cases to be brought by application for discretionary appeal.

Korman Ventures, Inc. v. Wells Fargo Bank N.A. · filed 2017-05-17(a)(4) and (b)

Appeals in garnishment cases must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (4) and (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35 requires a discretionary-appeal application for an appeal challenging an award of attorney fees and litigation costs under OCGA § 9-15-14.

Smith v. Pearce · filed 2017-05-18

Our Supreme Court has recently clarified the jurisdictional procedure regarding such cases. Because the issue raised on appeal is the award of attorney fees and litigation costs, the appeal must be taken by application for discretionary appeal. See Voyles v. Voyles, No. S17A0970, 2017 WL 1374760, at *3, 2017 Ga. LEXIS 225, at *6 (Ga. April 17, 2017); OCGA § 5-6-35. Smith’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider her appeal, which is therefore DISMISSED.

Section 5-6-35 requires a party appealing a prisoner civil action to file an application for discretionary appeal in the appropriate appellate court.

JACKSON v. ARTHUR L. WALKER · filed 2017-08-22

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35 requires an appellant to seek discretionary review by application for de novo appeals from magistrate court decisions, appeals from attorney-fee awards under OCGA § 9-15-14, and damages actions with judgments of $10,000.00 or less.

McBride v. Jones · filed 2017-12-04(a)(11), (a)(10), and (a)(6)

First, when a state court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Second, OCGA § 5-6-35 (a) (10) also requires that an appeal from an award of attorney fees or expenses of litigation obtained under OCGA § 9-15-14 be made by application. Lastly, OCGA § 5-6-35 (a) (6), requires an appeal “in all actions for damages in which the judgment is $10,000.00 or less” to be made by application.

Section 5-6-35(c) requires an applicant for discretionary appeal to include a copy of the order complained of, and failure to do so makes the application fatally deficient.

Florence v. Florence · filed 2018-05-02(c)

Accordingly, Florence has failed to include in her application a copy of the order complained of as required by OCGA § 5-6-35 (c) and Rule 31 (e) of the Rules of the Court of Appeals. See Harper v. Harper, 259 Ga. 246, 246 (378 SE2d 673) (1989). Because Florence has failed to comply with the clear mandate of OCGA § 5-6-35 (c) and Rule 31 (e), her application is fatally deficient and must therefore be DISMISSED.

Section 5-6-35(b) requires an application for discretionary appeal when an order is appealable only through the discretionary-appeal procedure.

Roshni v. Patel v. Kensington Community Association, Inc. · filed 2018-05-11(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 a party seeking to appeal a covered civil action to apply for discretionary appeal rather than take a direct appeal.

Johnson v. Wilcox State Prison · filed 2018-08-13

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35 requires an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceeding to be initiated by an application for discretionary appeal, and compliance is jurisdictional.

Perry v. Ysmr Equities, Inc. · filed 2019-04-30(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. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Perry’s failure to follow the proper procedure deprives us of jurisdiction over this appeal.

Section 5-6-35 requires a party seeking to appeal to file an application for discretionary appeal to the appropriate appellate court.

Cobble v. Georgia Department of Corrections · filed 2019-08-21

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35 (a) (1) and (b) require an application for discretionary appeal when a superior court reviews a lower court decision by certiorari or de novo proceedings.

Jackson v. Carrington Mortgage Services, LLC · filed 2020-02-06(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. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(b) requires a party seeking review of a denial of a motion to set aside a final judgment under OCGA § 9-11-60 to file an application for discretionary appeal rather than a direct appeal.

In Re Willie A. Walden · filed 2020-12-14(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 a party seeking to appeal in a covered civil case to file an application for discretionary appeal.

McBride v. Georgia Department of Corrections · filed 2023-04-26

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal.

Section 5-6-35 requires a party seeking to appeal to file an application for discretionary appeal with the appropriate appellate court.

BURKE v. CHILDS · filed 2023-10-19

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

Section 5-6-35 requires a prison inmate appealing a civil action to file an application for discretionary appeal.

Daker v. Scott Halperin, as Circuit Defender of Cobb County · filed 2023-11-01

Daker, as a prison inmate, is subject to the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq., and thus is required to file an application for discretionary appeal in accordance with OCGA § 5-6-35.

Section 5-6-35 (a) (1) requires an application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by petition for review.

Patrick v. Messer · filed 2023-11-13(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of . . . lower courts by petition for review” must be made by filing an application for discretionary appeal in this Court.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings, and compliance with that procedure is jurisdictional.

WARNEY v. MADISON KING · filed 2024-01-04(a)(1)

“[A]ppeals 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); accord OCGA § 5-6-35 (a) (1). ... “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Warney’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires an application for discretionary appeal when appealing a superior court decision reviewing a lower court decision by petition for review, and compliance with that procedure is jurisdictional.

Mays v. Sfr Xii Owner 2 Lp · filed 2025-04-10(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.”

For garnishment cases, § 5-6-35 requires an application for discretionary appeal unless an exception applies.

Dahl Cohran & Associates, Inc. v. B & S Properties · filed 2025-04-30(a)(4), (b)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal, subject to exceptions not applicable here. See OCGA § 5-6-35 (a) (4), (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

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

Shroyer v. Tuck · filed 2025-09-23(a)(8), (b)

An appeal from the denial of an OCGA § 9-11-60 (d) motion to set aside requires the filing of an application for discretionary appeal. See 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 requires an appeal from a superior-court decision reviewing a lower-court decision on petition for review to be initiated by an application for discretionary appeal.

Hardy v. Phillips Brothers Acquisitions, LLC · filed 2025-09-29(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal.

Section 5-6-35 (a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a lower court decision by petition for review.

LEONARD WALKER v. TOUCHMARK NATIONAL BANK · filed 2026-03-26(a)(1)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal.

Section 5-6-35(a)(1) requires an application for discretionary appeal when reviewing a lower-court decision by petition for review, and compliance with that procedure is jurisdictional.

Kinsler v. Bw Links Owner, LLC · filed 2026-04-29(a)(1)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35(a)(1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 requires an appeal from a superior-court decision reviewing a lower-court decision by petition for review to begin with an application for discretionary appeal.

Thompson v. City of Millen · filed 2025-10-03(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal.

Section 5-6-35 requires an appellate court to grant an application before a full appeal may proceed.

Redmon v. Johnson · filed 2018-01-16

The same is true of the many appeals subject to OCGA § 5-6-35, under which the appellate court must grant an application to appeal before a full appeal may proceed.

Appeals from domestic relations contempt orders and denials of motions to set aside judgments must be taken by application.

Byrd v. Byrd · filed 1987-06-02(a)(2), (a)(8)

Pursuant to OCGA § 5-6-35 (a) (2), “[a]ppeals from judgments or orders in divorce, alimony . . . and other domestic relations cases including, but not limited to, . . . holding or declining to hold persons in contempt of such . . . orders” must be taken by application. ... Likewise, appeals from denials of motions to set aside judgments must be made by application, pursuant to OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires an application for appeal from an order denying a statutory motion or equitable complaint to set aside a judgment.

Stone v. Dawkins · filed 1989-06-30(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an application for appeal must be filed in all cases where appeal is sought “from orders under subsection (d) of Code Section 9-11-60 denying a motion to set aside a judgment or under subsection (e) of Code Section 9-11-60 denying ... relief upon a complaint in equity to set aside a judgment. . . .” No such application was filed in the present case.

Section 5-6-35(a)(1) requires an application to appeal a superior court action seeking a tax refund after the Department of Revenue denies the refund claim.

C. W. Matthews Contracting Co. v. Collins · filed 1993-06-29(a)(1)

Accordingly, OCGA § 5-6-35 (a) (1) applies to this situation ...and requires an application tó appeal.

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

Reeves v. Misty Moses · filed 2024-11-01(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.

Section 5-6-35 requires an application for discretionary or interlocutory review before a direct appeal may be considered when such review is required.

Bishop v. Typo-repro Services, Inc. · filed 1988-09-06

Likewise, we have no jurisdiction to consider these direct appeals in that, aside from the underlying rulings being null and void, no applications for discretionary and/or interlocutory review were filed as required by OCGA § 5-6-35.

Section 5-6-35 does not permit a party seeking review of an interlocutory order to bypass the certificate and procedural requirements of § 5-6-34(b).

Scruggs v. Georgia Department of Human Resources · filed 1991-09-06(b)

We expressly overrule division one of Straus and hold that the discretionary-application statute, OCGA § 5-6-35, does not allow a party to ignore the interlocutory-application subsection, OCGA § 5-6-34(b), when attempting to obtain appellate review.

Subsection (d) requires an application for review within 30 days to appeal an order granting a temporary restraining order.

Snow's Farming Enterprises, Inc. v. Carver State Bank · filed 1992-09-25(d)

Appeals from orders granting temporary restraining orders must be taken under the provisions of OCGA § 5-6-35 (d), which requires that an application be made to this court within 30 days of the entry of the order. See OCGA § 5-6-35 (a) (9). No application for review was filed with the court; therefore, we are without jurisdiction to consider this enumeration.

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment being appealed.

Maddox v. Reggie Davis, Officer in His Official and Individual Capacities · filed 2012-10-19(d)

Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga App 582 (420 SE2d 393) (1992). Maddox and Hankins filed their application 43 days after the trial court’s orders were entered. Accordingly, their application is untimely and must be DISMISSED for lack of jurisdiction.

Section 5-6-35(c) requires an application for discretionary review to include a stamped “filed” copy of the order being appealed.

Smith v. State · filed 2012-12-21(c)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e), an application for discretionary review must include a stamped “filed” copy of the order being appealed.

Section 5-6-35 requires an application for discretionary review to be filed within 30 days after entry of the order or judgment being appealed; when the order is directly appealable, the court ordinarily grants the application under subsection (j), but an application filed after the 30-day deadline is untimely and must be dismissed for lack of jurisdiction.

Brown v. State · filed 2013-07-17(d), (j)

The trial court’s order appears to have been a directly appealable order. Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga App 582 (420 SE2d 393) (1992). Here, Brown filed her application 333 days after the trial court’s order was entered. Accordingly, her application is untimely and must be DISMISSED for lack of jurisdiction.

A timely motion for new trial extends the time for filing an application for discretionary review, but only when the motion is a proper vehicle for reviewing the trial court's action.

Arroyo v. Colbert Jr. · filed 2017-07-04(d)

Here, Arroyo filed a motion for new trial, which, when timely filed, extends the time for filing an application for discretionary review. See OCGA § 5-6-35 (d). However, where a motion for new trial is not a proper vehicle for review of a trial court’s action, the motion has no validity and will not extend the time for filing an application for discretionary review. See Bigham v. Wright, 194 Ga. App. 194, 194 (390 SE2d 109) (1990); see also Pillow v. Seymour, 255 Ga. 683, 684 (341 SE2d 447) (1986).

Section 5-6-35(a)(2) requires discretionary review to be sought by application, and § 5-6-35(h) provides that filing the application operates as a supersedeas.

McDonald v. McDonald · filed 2018-08-27(a)(2), (h)

However, McDonald has not filed an application for discretionary review of the trial court’s judgment. See OCGA § 5-6-35 (a) (2). Thus, there is no pending case over which this Court has jurisdiction that would provide a basis for granting supersedeas. See Court of Appeals Rule 40 (b) (“Generally, no [emergency] order shall be made or direction given in an appeal until it has been docketed in this Court.”). See also Court of Appeals Rules 40 (a) (“The filing of an application for discretionary appeal shall act as a supersedeas to the same extent as a notice of appeal. See OCGA § 5-6-35 (h).”).

Section 5-6-35 (j) calls for granting a timely discretionary-review application when the challenged order is directly appealable.

Richardson v. Great Expressions Dental Centers of Georgia, P.C. · filed 2019-02-26(j)

If a party timely applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j).

Subsection (a)(9) requires appeals from orders granting or denying temporary restraining orders to be brought by application for discretionary review.

In Re Estate of Louise Ray Burkhalter · filed 2022-05-17(a)(9)

And although the probate court ordered that the temporary restraining order it had entered the month before remained in effect, “[a]ppeals from orders granting or denying temporary restraining orders” must come by application. OCGA § 5-6-35 (a) (9).

Section 5-6-35 (d) requires an application for discretionary review to be filed within 30 days of entry of the order or judgment to be appealed, and the filing deadline is jurisdictional.

Blount v. State of Georgia · filed 2023-11-20(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.

Section 5-6-35’s discretionary-appeal procedure cannot be used to bypass the interlocutory-application procedure in § 5-6-34 (b) when appellate review is sought before the case is final.

Sweet City Landfill, LLC v. Elbert County, Georgia · filed 2024-04-01

Because this case is still pending below, Sweet City was required to comply with the interlocutory application statute. ... ("the discretionary-application statute, OCGA § 5-6-35, does not allow a party to ignore the interlocutory-application subsection, OCGA § 5-6-34 (b), when attempting to obtain appellate review.").

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days of the order at issue, and the statute's requirements are jurisdictional.

Taylor v. Fulton County Probate Court · filed 2024-05-13(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment being appealed.

Johnson v. Bend · filed 2024-10-25(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed.

Section 5-6-35 requires a discretionary-review application to be filed within 30 days and makes that deadline jurisdictional.

Prater v. Harris · filed 2025-03-31(d)

This Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). To be timely, however, a discretionary application must be filed within 30 days of entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

Section 5-6-35 requires a discretionary application to appeal an order denying a motion to set aside a judgment, even when a motion for new trial is also filed.

State Farm Mutual Automobile Insurance Company v. Yancey · filed 1989-01-12(a)(8), (b), and (d)

A careful reading of OCGA § 5-6-35 leads us to the inescapable conclusion that the legislature never intended for the application procedure to be circumvented. The statute begins by stating, “Appeals in the following cases shall be taken as provided in this Code section” and goes on to include within the following cases appeals from orders “denying a motion to set aside a judgment.” OCGA § 5-6-35 (8). Subsection (b) provides, “All appeals taken in cases specified in subsection (a) of this Code section shall be by application. . . .” Thus the statute makes it clear that an application must be filed to appeal from an order denying a motion to set aside a judgment.

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

Alstrom v. Allstate Enterprises, Inc. · filed 1990-04-16(a)(8)

Such an appeal requires the discretionary appeal procedure as provided by OCGA § 5-6-35 (a) (8), and the failure to comply with that procedure requires dismissal of this appeal.

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

Wright v. Rhodes · filed 1990-11-29(a)(8)

Nor is the appeal from the denial of the motion to set aside effective; such an appeal must be made by application. OCGA § 5-6-35 (a) (8).

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

TMS Insurance Agency, Inc. v. Galloway · filed 1992-10-22(a)(8)

OCGA § 5-6-35 (a) (8) “makes it clear that an application must be filed to appeal from an order denying a motion to set aside a judgment.”

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

NATCHEZ TRACE DEVELOPMENT, INC. v. MULTIBANK 2009-1 RES-ADC VENTURE, LLC. · filed 2016-09-22(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) must be taken by application for discretionary review.

Section 5-6-35(a)(8) requires a party seeking appellate review of an order denying relief under OCGA § 9-11-60(d) to follow the discretionary-appeal procedures.

ROCHDALE INSURANCE COMPANY v. MIKE WIGGINS D/B/A EDCO MFG. · filed 2017-05-17(a)(8)

To the extent Rochdale sought relief under this provision, it was required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s order denying its motion. 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 application for discretionary appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Lemcon USA Corporation v. Icon Technology Consulting, Inc · filed 2017-08-28(a)(8)

And because Lemcon sought to appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d), an application was required. See OCGA § 5-6-35 (a) (8).

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

Dugger v. Zhu · filed 2018-11-23(a)(8)

Under OCGA § 5-6-35 (a) (8), an application for discretionary appeal must be filed to appeal from an order denying such a motion to set aside a judgment.

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

Brown v. Ivory · filed 2015-07-23(a)(8)

An appeal from the denial of a motion to set aside on grounds authorized under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8).

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

HARRELL v. BANK OF AMERICA, N.A. · filed 2022-08-25(a)(8)

As a general rule, 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); Parker v. Robinson, 337 Ga. App. 362, 364 (2) (787 SE2d 317) (2016).

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

SIZEMORE v. WESTFALL · filed 2025-04-02(a)(8), (b)

To the extent that the trial court construed Sizemore’s motion as a motion to set aside under OCGA § 9-11-60 (d), 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).

An appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) must be brought by discretionary application.

Y. MCGHEE v. PENNAMON · filed 2025-06-09(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).

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

Gervais v. Fortas · filed 2025-09-17(a)(8), (b)

Moreover, an appeal from the denial of an OCGA § 9-11-60 (d) motion to set aside 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) requires an application for discretionary appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d).

Clark v. L.C. Halsten, LLC · filed 2025-10-22(a)(8)

The denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) is not directly appealable and requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (a) (8).

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

Laney v. Park Glenn Community Association, Inc. · filed 2026-02-06(a)(8), (b)

An appeal from the denial of a motion to vacate or 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).

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.

Georgewill v. Cmh Homes, Inc. · filed 2026-02-25(a)(8), (b)

An appeal from the denial of a motion to vacate or set aside 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) requires a party to use the discretionary-appeal procedure to appeal an order on a motion to set aside under OCGA § 9-11-60(d).

Lesman v. Law · filed 2013-04-05(a)(8)

And even if we construe the Lesmans’ 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. 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 appellant to use discretionary-appeal procedures to appeal an order deciding a motion to set aside.

EDEN v. JOHN F. EDEN · filed 2021-09-16(a)(8)

An order deciding a motion to set aside may only be appealed by complying with the discretionary appeal procedures, which plaintiff did not do. See OCGA § 5-6-35 (a) (8); Luster, 331 Ga. App. at 512.

Section 5-6-35 requires an application for discretionary appeal when appealing the denial of a motion to set aside a final judgment and requires discretionary-appeal procedures for damages judgments of $10,000 or less.

Sanusi v. Piedmont Plus Federal Credit Union · filed 2021-11-08(a)(6), (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).” ... Second, the trial court’s judgment was for less than $10,000. Appeals in all actions for damages in which the judgment is $10,000 or less must also comply with the discretionary appeal procedures. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998); see OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(2) requires an application to appeal judgments or orders in child-support and other domestic-relations cases, even when the underlying judgment is partial summary judgment.

McCrary v. Department of Human Resources · filed 1989-04-10(a)(2)

OCGA § 5-6-35 (a) (2) applies to this appeal even though the underlying judgment involved the grant of partial summary judgment under OCGA § 9-11-56.

Section 5-6-35(a)(2) requires appeals from judgments or orders in domestic relations cases, including child-support orders, to proceed by application under the discretionary appeal procedure.

Jackson v. Roach · filed 1991-04-08(a)(2)

OCGA § 5-6-35 (a) (2) requires all “[a]ppeals from judgments or orders in divorce, alimony, child custody, and other domestic relations cases . . .” be by application. Defendant’s direct appeal and plaintiff’s cross-appeal are from orders awarding defendant support for a minor child. Such appeals are domestic relations cases which require compliance with the discretionary appeal procedure of OCGA § 5-6-35.

Section 5-6-35(a)(2) requires appeals in domestic relations cases to be taken by application for discretionary appeal.

Palmer v. Lesley L. Dudley F/K/A Lesley L. Palmer · filed 2012-10-23(a)(2)

Appeals in domestic relations cases must be taken by application for discretionary appeal as required under OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires appeals from orders entered in domestic relations cases to be pursued by discretionary application, unless a statutory direct-appeal exception applies.

Chapman v. Chapman · filed 2017-11-14(a)(2)

Generally, appeals from orders entered in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). ... Here, in her appeals the wife does not challenge the trial court’s substantive custody ruling, but merely challenges the procedural propriety of granting the husband’s motion for reconsideration and the modification of the child support award. Accordingly, she was required to follow the discretionary application procedures, and her failure to do so deprives us of jurisdiction over these two appeals, which are hereby DISMISSED.

Section 5-6-35 (a) (2) requires appeals of orders in domestic relations cases, including attorney-fee awards, to be initiated by an application for discretionary appeal.

In the Interest of J. B. L., a Child (Mother) · filed 2020-05-04(a)(2)

Appeals of orders in domestic relations cases – including attorney fee awards – must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (2); Davidson v. Callaway, 274 Ga. 813, 814-815 (559 SE2d 728) (2002).

Section 5-6-35 (a) (2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

Glinsey v. Glinsey · filed 2022-06-03(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a)(2) requires an application for discretionary review to appeal a domestic-relations matter involving rights and obligations from a divorce decree when child custody is not at issue.

Day v. Kristina Marie Day McCarthney · filed 2022-07-22(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be initiated by filing an application for discretionary review.

Section 5-6-35 (a)(2) treats cases involving the collection of child support as domestic relations matters that must be appealed by application for discretionary appeal.

Stewart v. Woodward · filed 2024-10-22(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2).