Ga. Code Ann. § 5-6-35

Section 5-6-35 requires appeals from domestic-relations orders, including contempt orders, to be made by application for discretionary review, and compliance with that procedure is jurisdictional.

Harper v. Georgia Department of Human Services · filed 2024-10-22(a)(2), (b)

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

Section 5-6-35(a)(2) and (b) require appeals in domestic-relations cases, including legitimation actions that do not involve child-custody rulings, to be initiated by discretionary application.

Byrd v. Holmes · filed 2024-12-23(a)(2), (b)

As a general rule, appeals in domestic relations cases — including legitimation actions — must be initiated by filing an application for discretionary review. ... Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody orders, when the order at issue on appeal does not involve child custody rulings, the appeal in a domestic relations case must be brought by discretionary application.

Section 5-6-35 (a) (2), (b) requires a discretionary application for appellate review of a domestic-relations order that does not involve child custody rulings.

Hajek v. Hajek · filed 2025-06-17(a) (2), (b)

As a general rule, appeals in domestic relations cases must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from child custody orders, when the order at issue on appeal does not involve child custody rulings, the appeal in a domestic relations case must be brought by discretionary application. Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017). ... Here, Roslyn does not challenge any custody rulings on appeal. Instead, she merely seeks to challenge the entry of the order sealing the guardian ad litem report. Under these circumstances, Roslyn was required to file a discretionary application to garner appellate review of the order at issue. See Voyles, 301 Ga. at 47; OCGA § 5-6-35 (a) (2), (b).

For a final order in a domestic-relations action involving ex-spouses, their children, or legal representatives, the statute requires a discretionary application to appeal, and compliance is jurisdictional.

ROBIN R. MCGINNIS v. NEISENT · filed 2025-08-18(a)(2)

Because McGinnis did not file a discretionary application as required under OCGA § 5-6-35 (a) (2), we lack jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires an appeal of a domestic-relations order, including a Family Violence Act order, to be initiated through the discretionary-appeal procedure.

Ramsey v. Ramsey · filed 2026-04-15(a)(2), (b), (d)

Appeals of orders in domestic relations cases — including actions arising under the Family Violence Act — must be initiated by filing an application for discretionary appeal in the appellate court.

Section 5-6-35(a)(2) does not require a discretionary appeal when a dispute arising from a domestic-relations setting is an independently enforceable contract action rather than an action to enforce the divorce judgment or settlement.

Scott v. Mohr · filed 1989-06-06(a)(2)

The appellee’s motion to dismiss direct appeal is denied. ... We therefore find this to be a breach of contract action, and directly appealable.

(a)(10) requires appeals from awards of attorney’s fees or litigation expenses under Code Section 9-15-14 to be brought by application for leave to appeal.

Scott v. McLaughlin · filed 1989-06-22(a)(10)

As appellant acknowledges in his brief, 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” must be taken by application for leave to appeal. Because appellant failed to follow the correct procedure, this court is without jurisdiction to consider the appeal and it is accordingly dismissed.

Section 5-6-35(a)(10) does not require an application for an appeal from an attorney-fee award when the award is appealed together with other matters that are directly appealable.

Stancil v. Gwinnett County · filed 1989-10-26(a)(10)

In regard to the claim that an application was necessary to appeal the award of attorney fees, since this was appealed along with other matters directly appealable, an application was not necessary.

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

FRANKLIN v. CARRINGTON MORTGAGE SERVICES, LLC · filed 2026-04-23(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 imposes jurisdictional requirements, and an appeal that does not comply with them cannot be accepted.

FRANKLYN GESNER FINE PAINTINGS, INC. v. Ketcham · filed 1988-04-04

Moreover, the requirements of OCGA § 5-6-35 are jurisdictional, and the appellate courts cannot accept an appeal not made in compliance with the statutory requirements.

Section 5-6-35 requires discretionary-appeal review for orders granting or refusing temporary alimony, but it does not excuse compliance with the interlocutory-appeal requirements of Section 5-6-34(b).

Bailey v. Bailey · filed 1996-06-03(a)(2), (b)

The discretionary appeal statute does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34(b). See OCGA § 5-6-35(b); Rebich v. Miles, 264 Ga. 467, 469 n. 2, 448 S.E.2d 192 (1994); Scruggs, supra, at 588, 408 S.E.2d 103. Thus, a party appealing an interlocutory order must comply with the requirements of OCGA § 5-6-34(b), irrespective of whether the appeal is brought pursuant to OCGA § 5-6-35.

Section 5-6-35 requires compliance with the discretionary-appeal procedure, and those requirements are jurisdictional.

Moulder v. Reilly · filed 1997-05-29

“The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”

Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order at issue, and compliance with the statute is jurisdictional.

Jones v. Mullis · filed 2012-09-10(d)

A discretionary application 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 appeal to be filed within 30 days of the order on appeal, and the statute's requirements are jurisdictional.

Thomas Holcombe, Iii. v. Richie · filed 2012-10-01(d)

An application for discretionary appeal must be filed within 30 days of the order on appeal. 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 (c) requires an application for discretionary review to include a stamped “filed” copy of the order being appealed, and subsection (d) requires filing within 30 days after entry of the order.

Peebles v. State · filed 2012-12-28(c), (d)

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. ... See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order).

Section 5-6-35 imposes jurisdictional requirements for discretionary appeals, so a court cannot accept an appeal that does not comply with them.

Gary v. Carl Humphrey, Warden · filed 2013-01-07

The Act provides that appeals “of all actions filed by prisoners shall be as provided in Code Section 5-6-35,” that is, by application requesting a discretionary appeal. OCGA § 42-12-8. Gary failed to follow the discretionary appeal procedure required by law. “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”

An application for discretionary appeal must be filed within 30 days after entry of the order or judgment, and the statute's filing requirements are jurisdictional.

Susa-Nasa v. Medical Contractor Corizon · filed 2013-03-12(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 appeal to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Stratton v. State · filed 2013-04-19(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Kappelmeier v. Pdq Property Management, Inc. · filed 2013-05-01(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

An application for discretionary review must be filed within 30 days of the order on appeal, and the statute's requirements are jurisdictional.

Chestnut v. Citimortgage, Inc · filed 2013-05-01(d)

An application for discretionary appeal must be filed within 30 days of the order on appeal. 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.

Section 5-6-35's discretionary appeal procedure does not excuse a party appealing an interlocutory order from satisfying the additional requirements of § 5-6-34(b).

Ivory Hope Cushen v. Cushen · filed 2013-09-03

And OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 governs discretionary appeals but does not excuse a party seeking review of an interlocutory order from satisfying the additional requirements of Section 5-6-34 (b).

Phillip A. Jones, Sr. v. Union City Government, Georgia · filed 2013-09-09

OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.

Martin v. State · filed 2013-10-18(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Martin filed his application 57 days after entry of the order he seeks to appeal. The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment appealed from, and the requirement is jurisdictional.

Garibay v. State · filed 2013-11-15(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and the filing requirements are jurisdictional.

Brown v. State · filed 2014-04-04(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35's discretionary-appeal procedure does not excuse compliance with the additional requirements for an interlocutory appeal under § 5-6-34(b).

Robert Stoney Worthy v. Georgia Department of Human Resources, Ex Rel., Patrick L. Baker · filed 2014-04-22

And OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 does not excuse a party seeking appellate review of an interlocutory order from complying with the additional interlocutory-appeal requirements of § 5-6-34 (b).

Stewart v. State · filed 2014-04-23

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 governs the discretionary appeal procedure but does not excuse compliance with the additional requirements for an interlocutory appeal under § 5-6-34(b).

Higdon v. Higdon · filed 2014-05-08

OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Section 5-6-35(d) requires a discretionary-appeal application within 30 days of the challenged order, makes compliance jurisdictional, and does not permit a motion for reconsideration to extend that deadline.

In the Interest Of: T. L. A/K/A T. J., a Child (Father) · filed 2014-05-23(d)

An application for discretionary appeal must be filed within 30 days of entry of the challenged order. 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. ... And although he filed a motion for reconsideration of the termination order, such a motion does not extend the time to appeal.

Section 5-6-35 requires a discretionary application for appeal to be filed within 30 days of the order and makes compliance with that requirement jurisdictional.

In the Interest of K. S. B., a Child (Mother) · filed 2014-05-28(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6- 35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a discretionary appeal application to comply with its filing requirements, and those requirements are jurisdictional.

Hubbard v. State · filed 2014-04-08(d)

The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the challenged order, and compliance with the statute is jurisdictional.

In the Interest Of: M. X. Z. P., a Child (Father) · filed 2014-06-11(d)

An application for discretionary appeal must be filed within 30 days of entry of the challenged order. 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.

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days of entry of the order at issue, and compliance with the statute is jurisdictional.

Darrisaw v. State · filed 2014-07-31(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989).

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

Ireland v. State · filed 2014-07-31(d)

A discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and compliance is jurisdictional.

Maddox v. State · filed 2014-07-31(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment to be appealed, and the statute's requirements are jurisdictional.

Howard v. State · filed 2014-08-01(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Dyer v. State · filed 2014-08-19(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days, makes compliance with its requirements jurisdictional, and does not eliminate the separate interlocutory-appeal requirements of § 5-6-34 (b).

Geneva Stone v. State · filed 2014-09-26(d)

First, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. ... OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Hargrove v. State · filed 2014-10-02(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 appeal to be filed within 30 days, and compliance with § 5-6-35 is jurisdictional.

Thomas v. State · filed 2014-10-09(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and compliance with the statute is jurisdictional.

Dexter Lavile New v. State · filed 2014-11-17(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

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

Chae v. State · filed 2015-01-15(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and its requirements are jurisdictional.

Howard v. State · filed 2015-03-19(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35's discretionary-appeal procedure does not excuse a party seeking review of an interlocutory order from satisfying the additional requirements of § 5-6-34 (b).

In the Interest of J. R. P. and J. R. P., Children · filed 2015-09-21

Although McAteer filed an application for discretionary appeal pursuant to OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order sought to be appealed, and the statute's requirements are jurisdictional.

Williams v. State · filed 2015-09-21(d)

An application for discretionary appeal must be filed within 30 days of the order sought to be appealed. 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 appeal to be filed within 30 days after entry of the order or judgment being appealed, and the filing requirements are jurisdictional.

THOMAS v. ROLLINS, INC. D/B/A ORKIN, INC. · filed 2015-11-23(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed, and its requirements are jurisdictional.

Washington v. State · filed 2015-11-23(d)

An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. 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.

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

Shackleford v. State · filed 2015-12-11(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days of the order or judgment, and compliance is jurisdictional.

Nichols v. State · filed 2015-12-17(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and its requirements are jurisdictional.

Roberson v. State · filed 2016-01-11(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and compliance with § 5-6-35 is jurisdictional.

Scott v. State · filed 2016-01-25(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed, and the statute's requirements are jurisdictional.

Wilson v. Camden County Government · filed 2016-02-18(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order sought to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

An application for discretionary review must be filed within 30 days of the order being appealed, and the requirements of § 5-6-35 are jurisdictional.

Viola D. Garris v. Bank of America, N. A. · filed 2016-02-26(d) and (j)

Ordinarily, if 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 to be appealed. See OCGA § 5-6-35 (d) and (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Truss v. State · filed 2016-04-04(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). ... The requirements of OCGA § 5-6-35 are jurisdictional, however, and this Court cannot accept an application for appeal not made in compliance therewith.

Compliance with the discretionary-appeal statute does not excuse a party from also satisfying the additional requirements for appealing an interlocutory order.

Terry v. Debman · filed 2016-07-18

And compliance with the discretionary appeal statute, OCGA § 5-6-35, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 generally requires an application for discretionary review to be filed within 30 days of the order being appealed, and its requirements are jurisdictional.

Heidi K. Cooper v. Citimortgage, Inc. · filed 2016-07-18(d), (j)

Ordinarily, if 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 to be appealed. See OCGA § 5-6-35 (d) and (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed; the deadline is jurisdictional.

Eager B. Alday v. State · filed 2016-10-25(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the challenged order, and compliance with the section is jurisdictional.

Charles D. Boyd, Jr. v. Ga Capital Recovery, LLC · filed 2016-10-25(d)

An application for discretionary appeal must be filed within 30 days of entry of the challenged order. 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 appeal to be filed within 30 days after entry of the order or judgment to be appealed, and the statute's requirements are jurisdictional.

Ragland v. State · filed 2016-11-21(d)

An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. 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.

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order sought to be appealed, and compliance with the statute is jurisdictional.

Griffin v. State · filed 2017-05-17(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. 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.

Section 5-6-35 governs discretionary appeals but does not relieve a party seeking review of an interlocutory order from complying with the separate interlocutory-appeal requirements in § 5-6-34(b).

Sundy v. Friendship Pavilion Acquisition Company, LLC · filed 2017-07-19

OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Subsection (d) requires an application for discretionary appeal to be filed within 30 days, and compliance with § 5-6-35 is jurisdictional.

Pasco v. State · filed 2017-09-15(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 permits discretionary review of a directly appealable order, but the application must be filed within 30 days, and these requirements are jurisdictional.

Peace v. State · filed 2017-10-11(d), (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order–such as an order denying a timely motion for sentence modification–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 to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Umekki Green v. Georgia Department of Health and Human Services · filed 2018-02-07(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with that requirement is jurisdictional.

Williams v. Child Support Enforcement · filed 2018-02-07(d)

Pretermitting whether Williams had a right to appellate review of the November 21, 2017 order, an application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Williams’s application was untimely filed 53 days after entry of the order he seeks to appeal.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.

Swinton v. State · filed 2018-02-20(d)

An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. 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.

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

Martinez-Lara v. State · filed 2018-03-15(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order sought to be appealed, and the statute’s requirements are jurisdictional.

Hood v. State · filed 2018-04-20(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Carter v. Sherry Tillman, Clerk · filed 2018-04-20(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires an application for discretionary appeal to be filed within 30 days, and compliance with its requirements is jurisdictional.

Bascom v. State · filed 2018-04-20(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and the statute’s filing requirements are jurisdictional.

Thorpe v. State · filed 2018-05-14(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35's discretionary-appeal procedure does not by itself permit review of an interlocutory order when the party has not also satisfied the separate requirements of § 5-6-34 (b).

Bright v. State · filed 2018-06-04

Although Bright filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 requires compliance with the discretionary-appeal procedure to invoke appellate jurisdiction over an appeal from the denial of an extraordinary motion for new trial.

Morgan v. State · filed 2018-06-04(a)(7)

An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure set forth in OCGA § 5-6-35. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327 (489 SE2d 129) (1997). ... “The requirements of OCGA § 5-6-35 are jurisdictional, and this court cannot accept an appeal not made in compliance therewith.”

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Milton v. State · filed 2018-07-19(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with its requirements is jurisdictional.

Lewis v. State · filed 2018-09-26(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 appeal to be filed within 30 days, and the statute’s requirements are jurisdictional.

Phillips v. State · filed 2018-11-01(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 a discretionary-appeal application to be filed within 30 days, and compliance with § 5-6-35 is jurisdictional.

Ragland v. State · filed 2018-12-19(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). While this Court may grant an extension of time to file a discretionary application, the request for extension must be filed on or before the application due date and must be submitted pursuant to Court of Appeals Rule 40 (b) as an emergency motion. See Court of Appeals Rule 31 (i); see also OCGA § 5-6-39 (a) (5), (d); Gable v. State, 290 Ga. 81, 84-85 (2) (a) (720 SE2d 170) (2011). Ragland made no timely request that would allow such an extension.

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and that deadline is jurisdictional.

Broussard v. State · filed 2019-01-08(d)

First, Broussard’s application is untimely. An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Dewberry v. State · filed 2019-02-01(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.

Anderson v. State · filed 2019-02-11(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.

Cunningham III v. Rapson · filed 2014-11-19(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 appeal to be filed within 30 days after entry of the order or judgment, and the filing deadline is jurisdictional.

Jones v. State · filed 2015-07-23(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and those requirements are jurisdictional.

Khadene Walker v. Windcrest Park Townhome Association, Inc. · filed 2020-02-06(d), (j)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d), (j). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed, and compliance with this requirement is jurisdictional.

Kelley v. Corecivic of Tn, LLC · filed 2020-04-03(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires a discretionary-review application to be filed within 30 days, and compliance with the statute is jurisdictional.

BENNETT-JUDGE v. LAOUCHEZ · filed 2020-07-14(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. ... This application, filed more than three years after the order at issue, is untimely and is hereby DISMISSED.

Section 5-6-35 generally permits discretionary review of a directly appealable order only when the application is filed within 30 days, and its requirements are jurisdictional.

McAllister v. Thomas Boyd Tyson, III · filed 2020-12-14(d), (j)

This Court ordinarily will grant an application for discretionary review of a directly appealable order 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 sought to be appealed. See OCGA § 5-6-35 (d), (j). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed, and the statute’s requirements are jurisdictional.

In the Interest of B. T., a Child · filed 2021-11-08(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order or judgment, and the statute’s requirements are jurisdictional.

Hamilton v. State · filed 2021-12-06(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days, and the statute’s requirements are jurisdictional.

Addis v. McQueen · filed 2022-01-25(d)

A discretionary application must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot consider an application for appeal that fails to comply with those requirements.

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order, decision, or judgment sought to be appealed, and the deadline is jurisdictional.

Jim Jackson, Sr v. Lehern McGovern Bovis, Inc. · filed 2022-08-16(d)

To be timely, a discretionary application must be filed within 30 days of the 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).

An application for discretionary appeal must be filed within 30 days after the order or judgment, and compliance with the statute is jurisdictional.

Martin v. State · filed 2022-08-19(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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.

Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order and makes that deadline jurisdictional.

Blessing N. Johnson v. Uber Technologies (Ga) Inc. · filed 2022-12-09(d)

Pretermitting whether a discretionary application was proper under these circumstances, to be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

Under subsection (d), a discretionary appeal application must be filed within 30 days after the order being appealed, and the statute's requirements are jurisdictional.

White v. White · filed 2023-02-28(d)

Under OCGA § 5-6-35 (d), a discretionary application must be filed within 30 days of entry of the order sought to be appealed. The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot consider an application for appeal that fails to comply with those requirements.

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days of the order and treats compliance with its requirements as jurisdictional.

J.B. Gillis, Jr. v. State · filed 2023-09-21(d)

To be timely, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d); accord Court of Appeals Rule 31 (a). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”

Section 5-6-35(a) does not require a discretionary-appeal application for a final order confirming an arbitration award; when such an application is filed, subsections (j) and (d) govern granting it and require filing within 30 days, and compliance is jurisdictional.

Clark v. McIntyre · filed 2023-10-19(a), (d), (j)

No provision of OCGA § 5-6-35 (a) requires the filing of a discretionary application from a final order and judgment confirming an arbitration award. Accordingly, the order here is subject to direct appeal. See, e.g., Green Tree Servicing v. Jones, 333 Ga. App. 184 (1) (775 SE2d 714) (2015). Ordinarily, when a party has a right of direct appeal and files an application for discretionary appeal, we will grant the application. See OCGA § 5-6-35 (j). However, the application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d). Here, Clark filed his application almost five months after entry of the order he seeks to appeal. Given that the application is untimely, we are without jurisdiction to consider it. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012); see also Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (“The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.” Accordingly, this application is hereby DISMISSED.

Section 5-6-35(a)(7) requires a discretionary-appeal application for an appeal from the denial of an extraordinary motion for new trial, and compliance is jurisdictional.

Rufus v. State · filed 2023-11-08(a)(7)

An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure set forth in OCGA § 5-6- 35. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 331-332 (489 SE2d 129) (1997). “The requirements of OCGA § 5-6-35 are jurisdictional, and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Rufus’s failure to file an application for a discretionary appeal deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 (d) requires an application for discretionary appeal to be filed within 30 days after entry of the judgment or trial court order sought to be appealed, and the requirements of the statute are jurisdictional.

Savior v. Shiquita Marcella Savior · filed 2024-04-22(d)

An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.”

Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the judgment or order, and the filing deadline is jurisdictional.

James Lamar Wright, Jr. v. State · filed 2024-05-16(d)

An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Wright’s filing was submitted 35 days after the trial court order was entered, and is untimely as a result, regardless of whether an appeal otherwise would lie from that order.

Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order being appealed, and the statute's requirements are jurisdictional.

Collado v. State · filed 2024-12-27(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. See 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.

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order being appealed, and the statute’s requirements are jurisdictional.

Frilando v. Lewis · filed 2025-01-16(d)

An application must be filed within 30 days of entry of the order sought to be appealed. 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.

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

Francis v. Allstate Insurance Co. · filed 2025-05-05(d)

First, as set forth in our order dismissing Case No. A25D0089, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. 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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with that requirement is jurisdictional.

Cooper v. Truist Bank · filed 2025-07-29(d)

First, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See 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 a discretionary appeal application to be filed within 30 days after entry of the order, and the statute's requirements are jurisdictional.

Dunn v. Kathy Page, Lookout Mountain Judicial Circuit · filed 2025-08-27(d)

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

Section 5-6-35(a)(1) does not require an application when a court-appointed auditor only makes factual findings and reports them to the court.

Sorrentino v. Boston Mutual Life Insurance · filed 1992-11-30(a)(1)

It cites OCGA § 5-6-35 (a) (1), which requires an application in “[a]ppeals from decisions of the superior courts reviewing decisions of . . . auditors ... by certiorari or de novo proceedings. . . .” However, the present case is not one which “two tribunals had already adjudicated. . . .” Citizens &c. Nat. Bank v. Rayle, 246 Ga. 727, 730 (4) (273 SE2d 139) (1980). This auditor’s report was confined to findings of fact and reporting to the state court. Compare Ravan v. Stephens, 248 Ga. 289 (282 SE2d 312) (1981) (auditor made findings of fact and conclusions of law). A direct appeal was authorized under OCGA § 5-6-34 (a) (1).

Section 5-6-35 requires a discretionary-appeal application for an appeal from a superior court’s review of a lower-court decision by de novo proceedings, while subsection (a)(6) does not apply when the judgment favors the defendant.

Motor Finance Co. v. Davis · filed 1988-09-07(a)(1), (a)(6)

However, even though subsection (6) of OCGA § 5-6-35 (a) is inapplicable to this case, the instant appeal is one which is nevertheless discretionary. ... Accordingly, inasmuch as the present case is one in which an application for discretionary appeal must be made under OCGA § 5-6-35 (a) (1) and appellant has failed to file such an application, this court has no jurisdiction over this direct appeal and must dismiss it.

Section 5-6-35(a)(2) does not require the discretionary appeal procedure for appeals from adoption proceedings.

Moore v. Butler · filed 1989-09-05(a)(2)

That case did not effect a construction of OCGA § 5-6-35 (a) (2). This court has previously held that appeals from adoption proceedings do not fall under OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) does not apply to adoption cases, even when paternity is an ancillary issue in the appeal.

Families First v. Gooden · filed 1993-11-22(a)(2)

We do not agree that this is an appeal of a paternity case. While one issue involves paternity, it is ancillary to more significant issues in this appeal, including concerns about the validity of surrender of parental rights documents and the interpretation of the Georgia adoption code. Adoption cases do not fall under OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a)(11) requires an application for appeal before appellate review of a state-court judgment reached through a de novo appeal from magistrate court.

Handler v. Hulsey · filed 1991-04-29(a)(11)

Regardless of whether this litigation was subsequently erroneously expanded in state court to include matters beyond the parameters of a de novo investigation (OCGA § 5-3-29), where the litigation reached the state court by means of a de novo appeal from magistrate court, in order to obtain appellate review of the state- court judgment in this Court, an application for appeal must be sought as required by the clear and unambiguous language of OCGA § 5-6-35 (a) (11).

For a damages judgment of $10,000 or less, an appeal to the Court of Appeals from a state court's de novo review of a magistrate court decision requires the discretionary appeal procedure when the subject matter has no other right of direct appeal.

Ryan v. Lanuza · filed 1992-04-24(a)(6, 11)

Because the judgment in this action for damages was for $10,000 or less and because the appeal to this Court is taken from the decision of a state court reviewing a decision of a magistrate court by de novo proceeding involving a subject matter not otherwise subject to a right of direct appeal, the discretionary appeal procedures of OCGA § 5-6-35 were required and this appeal must be dismissed.

Section 5-6-35(a)(11) requires an application for discretionary appeal to obtain review of a state-court judgment reached through a de novo appeal from magistrate court, and failure to follow subsection (b)'s procedures requires dismissal.

Hyundai-Isuzu-Suzuki v. Hooper · filed 1995-01-13(a)(11), (b)

“Regardless of whether this litigation was subsequently erroneously expanded in state court to include matters beyond the parameters of a de novo investigation (OCGA § 5-3-29), where the litigation reached the state court by means of a de novo appeal from magistrate court, in order to obtain appellate review of the state court judgment in this Court, an application for appeal must be sought as required by the clear and unambiguous language of OCGA § 5-6-35 (a) (11).”

Section 5-6-35(a)(1) requires a party appealing a de novo appeal from a magistrate court decision to follow the discretionary appeal procedures.

Ramirez v. U. S. Bank National Association · filed 2013-04-01(a)(1)

Moreover, because the order at issue disposes of a de novo appeal from a magistrate court decision, Ramirez was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35(a)(1) requires a discretionary appeal for orders disposing of a de novo appeal from a magistrate court decision.

Joseph Hammonds, Jr. v. HSBC Mortgage Services, LLC · filed 2013-04-05(a)(1)

Because the orders at issue dispose of a de novo appeal from a magistrate court decision, Hammonds was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35(a)(1) requires a discretionary appeal from a superior-court order disposing of a de novo appeal from a magistrate court decision.

McMurray v. Crown Realty & Management Corporation · filed 2013-05-03(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, McMurray and Hill were required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35(a)(1) requires a party appealing a superior-court order disposing of a de novo appeal from a magistrate-court decision to use the discretionary-appeal procedures.

A. K. B. Momin, Inc. D/B/A Blimpie's Subs & Salads v. Redmond Park Hospital, LLC D/B/A Redmond Regional Medical Center · filed 2013-05-21(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, the defendant was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

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.

Rowe v. Dekalb County, Georgia · filed 2014-08-14(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 in this Court.

Section 5-6-35(a)(1) requires a discretionary appeal for an order disposing of a de novo appeal from a magistrate court decision.

Kirkley v. Colfin A1-Ga 1, LLC · filed 2015-02-05(a)(1)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Kirkley was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Her failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(11) requires an appellant to use the discretionary-appeal procedure when appealing a state-court order entered on de novo appeal from a magistrate-court decision.

Powell v. Heath Williams · filed 2018-07-19(a)(11)

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).

Section 5-6-35 requires appeals from superior court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be initiated through an application for discretionary appeal, including when the superior court dismisses the action.

Rick Warren v. City of Atlanta · filed 2018-11-01(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. ... Compliance with the discretionary appeal procedure is required even where the superior court dismisses the action.

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

Jauntrica West v. Wri Property Management, LLC · filed 2019-07-24(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. 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), and this procedure must be followed even where the superior court dismisses the certiorari petition. See Brewer v. Bd. of Zoning Adjustment of Atl., 170 Ga. App. 351 (317 SE2d 327) (1984).

Section 5-6-35 (a) (1) requires appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Whiteman v. Star Homes Enterprises, LLC · filed 2019-10-25(a)(1)

Pursuant to 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 filing an application for discretionary appeal.

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

Barnhill v. Carswell Cherokee Trust · filed 2023-04-19(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. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Borden v. Xu · filed 2023-07-24(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); see also 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). Borden’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(c) does not always require record or transcript excerpts with a discretionary appeal application, but necessary portions should be included when the appellate court needs them to decide whether to grant the application.

Harper v. Harper · filed 1989-04-10(c)

If the parties to the application agree on what happened in the trial court and adequately present it to the appellate court there is no need for parts of the record or transcript. But where a part of the record or transcript is necessary in order for the appellate court to determine whether or not the application should be granted, that part should be included with the application or response.

Appeals from a de novo state-court ruling on a magistrate-court dispossessory petition must be taken through the discretionary application procedure.

Strachan v. Meritor Mortgage Corp. East · filed 1995-01-13(b)

Appeals from such decisions must be made via the discretionary application procedure of OCGA § 5-6-35 (b).

Section 5-6-35(a)(3) does not require an application for appeal when the judgment also resolves the tenant’s right to possession by awarding a writ of possession, even if the monetary threshold for a nondiscretionary appeal is not met.

Mack v. Third Bedford-Pines Apartments, Ltd. · filed 1989-12-05(a)(3)

Consequently, the threshold amount for nondiscretionary appeals which is set out in OCGA § 5-6-35 (a) (3) is not met, and an application for appeal would be required but for the fact that the judgment also awards a writ of possession. The right to possession having been an additional issue resolved by the judgment appealed from, OCGA § 5-6-35 (a) (3) does not apply.

Subsection (a)(3) does not apply to a dispossessory appeal when the appellant raises issues other than the amount of rent due, so a direct appeal is proper.

Harris v. WILWAT PROPERTIES, INC. · filed 1991-09-10(a)(3)

Because Harris asserts issues other than the amount of rent due, OCGA § 5-6-35 (a) (3) does not apply to the case sub judice and her direct appeal is proper.

Section 5-6-35(a)(3)'s application requirement does not cover an order granting partial summary judgment and a writ of possession.

Bridges v. City of Moultrie · filed 1993-10-28(a)(3)

The City of Moultrie was granted partial summary judgment and a writ of possession against defendants Truett and Bridges. ... The order is not subject to OCGA § 5-6-35 (a) (3).

Section 5-6-35(a)(10) requires appeals from awards of attorney’s fees or litigation expenses under Code Section 9-15-14 to follow the application procedures in subsections (b)-(i).

Oran v. Canada Life Assurance Co. · filed 1990-02-02(a)(10)

Pursuant to OCGA § 5-6-35 (a) (10), “[ajppeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14” are subject to the application procedures set forth in OCGA §§ 5-6-35 (b-i). As the appellant failed to follow those procedures, this enumeration of error presents nothing for review.

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

Citation Bonding Co. v. State · filed 1991-06-05(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment under subsection (d) of OCGA § 9-11-60 is discretionary and shall be made by application.

In a zoning-enforcement action that is not an appeal from an administrative decision, subsection (a)(1) does not require an application for discretionary appeal.

Harrell v. Little Pup Development & Construction, Inc. · filed 1998-02-23(a)(1)

Thus, the trial court’s order is directly appealable under OCGA § 5-6-34 (a) (4) and does not come within the purview of OCGA § 5-6-35 (a) (1) so as to require the grant of an application for discretionary appeal under OCGA § 5-6-35 (b).

Section 5-6-35 requires an appeal concerning a prisoner’s habeas filing to proceed by discretionary application when the Prison Litigation Reform Act applies.

Brown v. Crawford · filed 2011-09-12

OCGA § 5-6-35, when applicable, requires that an appeal of an order issued by the trial court follow a discretionary application procedure. Therefore, in the situations covered by the Act, a prisoner does not have the right of direct appeal but must file a discretionary application in the appropriate appellate court in order to obtain review of a "trial court's action in any civil lawsuit, action, or proceeding filed by a prisoner, and failure to follow the appropriate procedure results in dismissal of the appeal. [Cit.]" Smith v. Nichols, supra.

Subsection (j) permits the Court of Appeals to grant a timely discretionary application when the order is subject to direct appeal and the applicant has not timely filed a notice of appeal.

Muhammad v. Pnc Bank National Association · filed 2014-07-31(j)

This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j) if the order is subject to direct appeal and the applicant has not timely filed a notice of appeal. Accordingly, this application is hereby GRANTED.

Section 5-6-35 requires an appeal in specified cases, including judgments of $10,000 or less and certain attorney-fee awards, to be taken by application that identifies the order or judgment being appealed.

Accelerated Claims, Inc v. Howell & Johnson, LLC · filed 2021-01-25(a)(6), (a)(10), (b)

Moreover, while ACI seeks to overturn the trial court’s July 16, 2019 award of attorney fees in the amount of $8,100 to Howell & Johnson under OCGA § 9-11-37, alleging that its motion to compel was justified, we do not have jurisdiction to consider this contention because ACI’s application for discretionary appeal was limited to the trial court’s March 4, 2020 order, and did not seek review of the trial court’s July 16, 2019 judgment. See OCGA § 5-6-35 (a) (6), (a) (10) (appeals where the judgment is $10,000 or less, or from awards of attorney fees under OCGA § 9-15-14, must be by application). See also OCGA § 5-6-35 (b) (“[a]ll appeals taken in cases specified in subsection (a) of this Code section shall be by application [and] shall specify the order or judgment being appealed . . .”) (emphasis supplied).

Section 5-6-35 requires an application to appeal a child support matter or the denial of a motion to set aside a judgment; a direct appeal without an application must be dismissed.

Roach v. Roach · filed 1987-03-11(a)(2), (a)(8)

Matters of child support fall into the category of “other domestic relations” and are therefore within the purview of OCGA § 5-6-35 (a) (2). ... Similarly, under the provisions of OCGA § 5-6-35 (a) (8), appeals from the denial of a motion to set aside a judgment must be by application. Accordingly, as appellant has failed to follow the procedures outlined in OCGA § 5-6-35, his appeal must be dismissed.

Section 5-6-35(a)(1) does not require an application to appeal a superior court’s review under § 40-13-28 because that review is on the record, not a de novo proceeding.

Wilson v. City of Riverdale · filed 1992-03-06(a)(1)

OCGA § 5-6-35 (a) (1) requires an application for appeal for “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings.” ... Accordingly, we hold that Anderson will no longer be followed and that appeals from superior court reviews made pursuant to OCGA § 40-13-28 are directly appealable under OCGA § 5-6-34 (a).

Section 5-6-35(a)’s application requirements do not apply when an order is raised in a direct appeal under § 5-6-34(d).

Martin v. Williams · filed 1994-01-10(a)

Liberally construing the provisions in question and bearing in mind that § 5-6-34 (d) specifically references provisions such as § 5-6-35 and effectively preempts such provisions when applicable whereas § 5-6-35 contains no such preemption regarding § 5-6-34, we conclude that Yancey, 258 Ga., was improperly decided and that the tension between § 5-6-34 (d) and § 5-6-35 should be resolved by construing the phrase “following cases” in § 5-6-35 to exclude those cases in which § 5-6-34 (d) is applicable.

Section 5-6-35(a)(2) requires compliance with its application procedures in domestic relations cases; a direct appeal filed without following those procedures is subject to dismissal.

Granberry v. Granberry · filed 1990-11-15(a)(2)

The husband filed a notice of appeal without regard to the application procedures required by OCGA § 5-6-35 (a) (2) in domestic relations cases. ... The motion to dismiss is granted and a penalty in the amount of $500 is imposed jointly against the husband and his attorney under Supreme Court Rule 14.

Section 5-6-35(a)(2) requires an appeal in a domestic-relations case to be initiated by an application for discretionary appeal.

Hood v. Prothro · filed 2014-05-08(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) ordinarily requires a party appealing an order in a domestic relations case to file an application for discretionary appeal, but the interlocutory appeal procedure applies when the case remains pending in the trial court.

Rita Reyna Martinez Cabrera v. Carbajal · filed 2017-07-19(a)(2)

Ordinarily, a party seeking to appeal an order in a domestic relations case must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). But where, as here, the case remains pending in the trial court, the party must follow the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b).

Section 5-6-35(a)(2) requires an application for discretionary review, rather than a direct appeal, to obtain appellate review of an order in a domestic relations action.

Dixit v. Dixit · filed 2018-06-26(a)(2)

Because the underlying case is a domestic relations action within the meaning of OCGA § 5-6-35 (a) (2), the trial court’s order must be appealed by application for discretionary review. See Norman v. Ault, 287 Ga. 324, 330-331 (6) (695 SE2d 633) (2010) (party was required to file an application for discretionary appeal to obtain review of an order finding him in contempt of a divorce decree). Accordingly, this direct appeal is hereby DISMISSED for lack of jurisdiction.

Subsection (a)(2) requires appeals from orders in domestic relations cases to be pursued by discretionary application.

Beacham v. Beacham · filed 2019-10-25(a)(2)

Generally, appeals from orders in domestic relations cases must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2). Although orders pertaining to custody may be appealed directly under OCGA § 5-6-34 (a) (11), orders in such cases that do not pertain to custody require compliance with the discretionary application procedure.

Section 5-6-35(a)(2) requires any party appealing a judgment or order in a domestic relations case to file a discretionary application.

Horton v. Kitchens · filed 1989-09-28(a)(2)

Any party who seeks to appeal a “judgment” or an “order” entered in a domestic relations case must follow the procedure set out in OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires an application for discretionary appeal in child support matters because they are other domestic relations cases.

Davis v. Welch · filed 1992-09-11(a)(2)

Under the language specifying “other domestic relations cases," matters involving child support are included in this class of cases for which there is no right of direct appeal and as to which an application for discretionary appeal must be filed.

A party seeking review of a protective order entered in an action under the Family Violence Act must apply for a discretionary appeal because the action is a domestic relations case.

Glover v. Glover · filed 2017-04-19(a)(2)

A party must file an application for discretionary appeal to obtain review of a protective order that was entered in an action brought under the Family Violence Act because such cases are domestic relations cases within the meaning of OCGA § 5-6- 35 (a) (2).

Section 5-6-35(a)(2) does not require a discretionary appeal for a stalking protective order involving people who have no familial relationship.

Martin v. Peluso · filed 2018-04-20(a)(2)

Because this case concerns Martin’s actions toward Joseph Peluso, a person with whom she does not have a familial relationship, it is not a family violence case within the meaning of OCGA § 19-13-1, nor a domestic relations case within the meaning of OCGA § 5-6- 35 (a) (2).

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

Madan v. Damiano · filed 1994-06-30(b)

The trial court’s grant of summary judgment to Damiano for a sum less than $10,000 does not provide a basis for Madan’s direct appeal. “[A]ppeals in all actions for damages in which the judgment is $10,000.00 or less shall be by application as set forth in OCGA § 5-6-35 (b). Although the grant of a motion for summary judgment is in general directly appeal-able, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” (Citations and punctuation omitted.)

Section 5-6-35(a)(6) requires discretionary-appeal procedures for an appeal seeking a money judgment of $10,000 or less, but does not apply when the appellant sought a money judgment and recovered nothing.

Denton v. Hogge · filed 1993-05-26(a)(6)

“OCGA § 5-6-35 (a) (6) is applicable only where the appellant is seeking to appeal a money judgment for an amount [of $10,000 or less], and not, as in this case, where the appellant has sought a money judgment but has obtained no recovery whatever. [Cit.]”