Ga. Code Ann. § 5-6-35

Section 5-6-35’s discretionary-appeal procedures do not bar an appeal filed as a cross-appeal to an appealable order, which is appealable as a matter of right.

Buschel v. Kysor/Warren · filed 1994-04-15

“[U]nder the Appellate Practice Act, an appeal which, standing alone, would be subject to discretionary appeal procedures, is appealable as a matter of right if it is classifiable as a cross-appeal to an appealable order.” ... Accordingly, the motion to dismiss the cross-appeal is denied.

Appeals from damage cases with a judgment of $10,000 or less must be brought by application.

Webster v. Brown · filed 1994-07-01(a)(6)

OCGA § 5-6-35 (a) (6) requires that appeals from damage cases in which the judgment is $10,000 or less be by application.

Section 5-6-35(c) requires an application for discretionary review to include a copy of the order being appealed, and compliance with that requirement is jurisdictional.

Laseter v. Department of Human Resources · filed 2012-09-11(c)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (b), an application for discretionary review must include a copy of the order being appealed. In the absence of the appealable order, we are unable to assume jurisdiction.

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

Julcileide v. Ah4r · filed 2013-01-10

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 review of an interlocutory order from complying with the additional requirements for an interlocutory appeal under Section 5-6-34 (b).

Shanyfelt v. Wachovia Home Mortgage · filed 2013-01-30

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).

Filing an application for discretionary appeal under § 5-6-35 does not excuse compliance with the interlocutory appeal requirements of § 5-6-34(b).

Bell v. State · filed 2026-06-03

Although Bell 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(a)(1)'s discretionary-application requirement does not apply to cases involving ad valorem taxes.

Fulton County Board of Tax Assessors v. Jones · filed 1995-01-17(a)(1)

In this case, a direct appeal was proper because the provisions of OCGA § 5-6-35 (a) (1) do not apply “to cases involving ad valorem taxes. . . .”

Section 5-6-35(a)(1) expressly exempts cases involving ad valorem taxes from its scope.

Bush v. Columbia County Board of Tax Assessors · filed 2015-05-05(a)(1)

Cases involving ad valorem taxes are expressly exempted from the scope of OCGA § 5-6-35 (a) (1), and it appears that no other provision of OCGA § 5-6-35 (a) is applicable here.

The 30-day period for deciding a discretionary-appeal application runs from the date the application is filed in the appellate court to which it is transferred.

Marr v. Georgia Department of Education · filed 1995-01-18(f)

OCGA § 5-6-35 (f) provides that in connection with applications for discretionary appeal, the appellate court “shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed.” We construe this language and the identical language contained in OCGA § 5-6-34 (b) dealing with interlocutory appeals to mean that when an application is transferred from one appellate court to the other, the 30-day time period is to be computed from the date of the filing in the court to which said application has been transferred.

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

Halsey v. State · filed 2013-12-19(d)

Pursuant to OCGA § 5-6-35 (d), an application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt 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 appealed from, and compliance with § 5-6-35 is jurisdictional.

Baez v. State · filed 2014-05-07(d)

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

Section 5-6-35 (j) requires a notice of appeal to be filed within 10 days after the order granting a discretionary appeal.

Bright v. State · filed 2018-12-19(j)

The order directed Bright to file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (j). Bright filed his notice of appeal on April 24, 2018, twelve days after the entry of the order. ... Because Bright failed to file a notice of appeal within 10 days of the order granting the discretionary application, the notice of appeal is untimely. Accordingly, the State’s motion to dismiss is hereby GRANTED and this appeal is DISMISSED.

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.

Hatcher v. Boswell · filed 2025-08-19(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(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.

Burden v. State · filed 2019-06-25(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).

Section 5-6-35(h) makes the filing of an application for discretionary appeal act as supersedeas, depriving the trial court of jurisdiction to reconsider or alter its judgment.

In the Interest of A. R. B. · filed 1993-07-02(h)

We do not reach the merits of the second order because the juvenile court was divested of jurisdiction to act on the pending reconsideration motion after the application was filed. “The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.” OCGA § 5-6-35 (h). That extent is set out in OCGA § 5-6-46. It has the effect of depriving the trial court of jurisdiction to modify or alter the judgment.

Section 5-6-35's grant of a discretionary appeal bars the trial court from declaring that appeal frivolous.

Farmer v. State · filed 1995-02-02

When this court has granted a discretionary appeal under OCGA § 5-6-35, the trial court is without authority to find such appeal to be frivolous. The denial of supersedeas bond on that ground was an abuse of discretion as a matter of law and fact.

Under subsection (h), filing an application for discretionary appeal acts as a supersedeas to the same extent as filing a notice of appeal and divests the trial court of jurisdiction to alter or amend the judgment under review.

Bryson v. State · filed 1997-08-11(h)

Pursuant to OCGA § 5-6-35 (h), the filing of that application acted as a supersedeas to the same extent as a notice of appeal. Thus, the trial court was divested of jurisdiction to enter an order altering or amending the original revocation order which defendant sought to appeal.

Filing an application for appeal acts as a supersedeas to the same extent as a notice of appeal.

Wright v. Burch · filed 2015-04-10(h)

As a preliminary matter, we note that the March 21 order finding Wright guilty of delay was entered four days after Wright applied to this Court for discretionary review of the trial court’s earlier orders, and thus after the trial court had lost jurisdiction in the case. See OCGA § 5-6-35 (h) (“The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.”). The March 21 order was therefore void.

Filing an application for discretionary appeal acts as a supersedeas to the same extent as a notice of appeal, depriving the trial court of power to alter the appealed judgment.

MOLETTE v. CITY OF FOREST PARK Et Al. · filed 2015-10-06(h)

OCGA § 5-6-35 (h) provides that “[t]he filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.” The supersedeas of a filed application or notice of appeal “deprives the trial court of the power to affect the judgment appealed, so that subsequent proceedings purporting to supplement, amend, alter or modify the judgment, whether pursuant to statutory or inherent power, are without effect.” (Citations omitted.) Upton v. Jones, 280 Ga. 895, 896 (1) (635 SE2d 112) (2006). Although the December 4 order was without effect, the City concedes that the evidence demonstrates that Molette had perfected service before the trial court dismissed his complaint.

An application for discretionary appeal acts as a supersedeas to the same extent as a notice of appeal, limiting the trial court's ability to affect the judgment under review.

LONG v. TRUEX (Two Cases). · filed 2019-04-10(h)

But that order is without effect because the trial court entered it after Long applied for discretionary appellate review of the July 6 order. “The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as a supersedeas.”

Section 5-6-35(h) makes filing an application for discretionary appeal operate as a supersedeas to the same extent as a notice of appeal, so a prior probate-court record-transmission order remains in effect.

In Re Estate of Mae Lois Erwin Reed · filed 2026-01-20(h)

We note, however, that the motion for reconsideration disclaims any assertion of error as to the probate court matter. See OCGA § 5-6-35 (h) (“[t]he filing of an application for [discretionary] appeal shall act as a a supersedeas to the extent that a notice of appeal acts as supersedeas”). As a result, our earlier order concerning the transmission of certified copies of the probate court record relevant to Erwin’s pending appeal remains in effect.

Section 5-6-35(h) makes the filing of an application for appeal a supersedeas to the extent that a notice of appeal would be.

Agyeman v. Federal National Mortgage Association · filed 2013-12-27(h)

Further, “the filing of an application for appeal shall act as a supersedeas to the ... extent that a notice of appeal acts as supersedeas,” OCGA § 5-6-35 (h); see also Court of Appeals Rule 40 (a), and thus we find it unnecessary to issue a stay in this matter.

Section 5-6-35(a)(6) does not require a discretionary appeal for an action on a lien merely because the award is less than $10,000; posting a bond to discharge the lien does not convert the action into one for damages.

Kelly v. PIERCE ROOFING CO., INC. · filed 1996-02-28(a)(6)

Since this action arose as a complaint on a lien against the Kellys’ property, we conclude the matter is correctly before us by direct appeal under OCGA § 5-6-34 (a) (1). While the amount of the trial court’s award is less than $10,000, an action on a lien is not an action for damages necessitating a discretionary appeal under OCGA § 5-6-35 (a) (6). ... We do not find this argument persuasive. The order appealed from gave Pierce Roofing “judgment and special lien” against the Kellys’ property as collateral to secure the bond. The Kellys’ choice to post a bond to satisfy any judgment on the lien does not change the nature of the underlying action and should not result in their inability to appeal based on a technicality.

Section 5-6-35 requires a prisoner appealing a civil action to file an application for discretionary appeal, and failure to do so deprives the appellate court of jurisdiction.

Spottsville v. Hilton Hall · filed 2019-07-16

Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Spottsville’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 an application for discretionary review to initiate an appeal in a damages action when the judgment is $10,000 or less.

Odolph Wright v. Campbell · filed 2017-03-29(a)(6), (b)

Appeals in actions for damages in which the judgment is $10,000.00 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Wright’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires an application for discretionary appeal in actions for damages when the judgment is $10,000 or less, so a direct appeal from the related post-judgment orders is unauthorized.

Khan v. Sanders · filed 1996-11-05(a)(6), (b), (d)

Appeals in all actions for damages in which the judgment is $10,000 or less shall be by application in the nature of a petition filed with the Clerk of the Supreme Court or the Court of Appeals within 30 days of the entry of the order, decision, or judgment complained of. OCGA § 5-6-35 (a) (6), (b), (d). In the case sub judice, a direct appeal is not authorized from the order denying plaintiffs’ motion for new trial, motion to set aside the judgment, and motion to reopen default, where the underlying judgment awarded defendant contractual damages in the principal sum of $5,050 plus $833.25 interest on his counterclaim. Consequently, this unauthorized direct appeal must be dismissed for plaintiffs’ failure to comply with the mandatory procedures for discretionary appeal.

For tort-damages judgments of $10,000.00 or less, § 5-6-35 requires an application for discretionary appeal rather than a direct appeal.

Jennings v. Moss · filed 1998-11-18(a)(6), (b)

“Appeals in all actions for damages in which the judgment is $10,000.00 or less . . . shall be by application in the nature of a petition . . . [for discretionary appeal].” OCGA § 5-6-35 (a) (6) and (b).

The domestic-relations discretionary-appeal provision does not apply to an appeal from an adverse judgment in an independent damages action; in that setting, discretionary-appeal procedure depends on whether the damages judgment meets the $10,000 threshold.

Shah v. Shah · filed 1999-03-15(a)(2), (a)(6)

Thus, the "domestic relations" provision of OCGA § 5-6-35(a)(2) would be inapplicable when the grantee seeks to appeal an adverse judgment entered in a properly instituted independent action. The applicability of the discretionary appeal procedures in such a case will be controlled by whether the underlying judgment for damages meets the $10,000 threshold established by OCGA § 5-6-35(a)(6).

Section 5-6-35(a)(6) requires an application for discretionary appeal to confer appellate jurisdiction when the judgment to be appealed is for less than $10,000.

NF Investments, Inc. v. Whitfield · filed 2000-07-12(a)(6)

Because the judgment National seeks to appeal is for less than $10,000, an application for discretionary appeal was required to confer appellate jurisdiction upon this Court. OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is between one cent and $10,000, including a summary judgment.

Thompson v. Salacoa Highland Property Owners' Ass'n · filed 2009-01-08(a)(6)

“[I]n OCGA § 5-6-35 (a) (6), the General Assembly has expressed the clear intent to require an application to appeal when the judgment at issue is between one cent and up to and including the statutory maximum, which presently is $10,000.”

A judgment for damages under $10,000 requires a discretionary appeal application rather than a direct appeal, even when the appellant also challenges dependent ancillary claims for prejudgment interest or attorney fees.

Cooney v. Burnham · filed 2008-02-11(a)(6)

The judgment for Cooney was one for damages in an amount under $10,000, and as such, it was subject to appeal as a matter of discretion rather than of right. Consequently, the Court of Appeals was correct in dismissing Cooney’s direct appeal on the jurisdictional ground of failure to comply with OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires an application to appeal an action for damages when the judgment is $10,000.00 or less, so a $6,906.25 money judgment alone is not directly appealable.

Deerlake Homeowners Association, Inc. v. Brown · filed 2021-11-08(a)(6)

OCGA § 5-6-35 (a) (6) governs “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less[,]” and requires an application to appeal. Thus, the money judgment of $6,906.25 in this case, on its own, would not be directly appealable.

Subsection (g) requires a discretionary-appeal applicant to file the notice of appeal within 10 days after the order granting the application.

Watkins v. Ralph Cherry, Warden of the Robert A. Deyton Correctional Facility · filed 2016-07-18(g)

The order notified Watkins that he had 10 days from the date of the order to file his notice of appeal. See OCGA § 5-6-35 (g). Sixteen days later, on April 21, 2016, Watkins filed his notice of appeal. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. ... Because Watkins failed to file his notice of appeal within 10 days of our order granting his application, his notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction.

Subsection (g) requires an applicant granted a discretionary appeal to file a notice of appeal within ten days after the order granting the appeal, after which the procedure is the same as in other appeals.

Barnes v. Justis · filed 1996-11-06(g)

“Within ten days after an order is issued granting the appeal, the applicant, to secure review of the issues, shall file a notice of appeal as provided by law. The procedure thereafter shall be the same as in other appeals.” OCGA § 5-6-35 (g). The tenth day, June 29, 1996, fell on a Saturday. Accordingly, defendant had until the next business day, Monday, July 1, 1996, to perfect his appeal. OCGA § 1-3-1 (d) (3).

Subsection (g) gives an appellant ten days from the order granting a discretionary-appeal application to file the notice of appeal; missing that deadline makes the appeal untimely and deprives the Court of Appeals of jurisdiction.

Reed v. State · filed 2012-12-21(g)

Because Reed failed to file his notice of appeal within ten days of our order granting his application, his notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction. See id.; OCGA § 5-6-35 (g).

Subsection (g) requires a party granted a discretionary appeal to file the notice of appeal within ten days after the order granting the application.

Kinsala v. Hair · filed 2013-01-04(g)

The order notified Kinsala that he had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Thirteen days later, on October 15, 2012, Kinsala filed his notice of appeal. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.

Subsection (g) requires a notice of appeal to be filed within ten days after the court grants a discretionary appeal.

Cunningham v. State · filed 2013-01-18(g)

The order notified Cunningham that he had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Fourteen days later, on October 3, 2012, Cunningham filed his notice of appeal. ... Because Cunningham failed to file his notice of appeal within ten days of our order granting his application, his notice of appeal is untimely.

Subsection (g) requires a notice of appeal to be filed within 10 days after the order granting a discretionary appeal; failure to meet that deadline makes the appeal untimely and deprives the appellate court of jurisdiction.

Hughes v. State · filed 2013-02-14(g)

The order notified Hughes that he would have 10 days from the date of the order to file his notice of appeal. See OCGA § 5-6-35 (g). ... Because Hughes failed to file his notice of appeal within 10 days of our order granting his application, his notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction.

Section 5-6-35(g) requires a notice of appeal to be filed within 10 days after the order granting a discretionary appeal application, and failure to meet that deadline leaves the appellate court without jurisdiction.

Disheroon v. Scheuer · filed 2013-03-28(g)

The order notified Disheroon that he would have 10 days from the date of the order to file his notice of appeal. See OCGA § 5-6-35 (g). Thirteen days later, on July 18, 2011, Disheroon filed two separate notices of appeal, one for each of the trial court orders. ... Because Disheroon failed to file his notices of appeal within 10 days of our order granting his application, his notices of appeal are untimely. Accordingly, these appeals are DISMISSED for lack of jurisdiction. See Barnes v. Justis, 223 Ga. App. 671 (478 SE2d 402) (1996); OCGA § 5-6-35 (g).

Subsection (g) gives an appellant 10 days from the order granting discretionary appeal to file the notice of appeal.

McCauley v. Miller Built Homes, Inc. · filed 2013-06-03(g)

On April 3, 2013, this Court granted Catherine Gibson McCauley’s application for discretionary appeal. The order notified McCauley that she would have 10 days from the date of the order to file her notice of appeal. See OCGA § 5-6-35 (g). Nineteen days later, on April 22, 2013, McCauley filed her notice of appeal. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See White v. White, 188 Ga. App. 556 (373 SE2d 824) (1988). Because McCauley failed to file her notice of appeal within 10 days of our order granting her application, her notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction. See Barnes v. Justis, 223 Ga. App. 671 (478 SE2d 402) (1996); OCGA § 5-6-35 (g).

Section 5-6-35(g) requires a notice of appeal to be filed within ten days after the Court of Appeals grants a discretionary appeal, and that deadline is jurisdictional.

Middleton v. State · filed 2013-08-14(g)

While we recognize the timing difficulties faced by incarcerated persons, the requirement in OCGA § 5-6-35 (g) that the notice of appeal be filed within ten days after this court grants a discretionary appeal is jurisdictional.

Section 5-6-35 (g) requires an appellant to file the notice of appeal within 10 days after the court grants a discretionary appeal.

Spicer v. Mark Butler, Commissioner of Ga Department of Labor · filed 2014-09-10(g)

On June 11, 2014, this Court granted Faye Spicer’s application for discretionary appeal. The order notified Spicer that she would have 10 days from the date of the order to file her notice of appeal. See OCGA § 5-6-35 (g). On July 2, 2014, 21 days later, Spicer filed her notice of appeal. ... Because Spicer failed to file her notice of appeal within 10 days of our order granting her application, her notice of appeal is untimely.

Subsection (g) requires a party whose discretionary-appeal application is granted to file the notice of appeal within ten days after the granting order.

Jeff Radar v. Brantley · filed 2015-05-20(g)

The order notified Radar that he had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). ... Because Radar failed to file his notice of appeal within ten days of our order granting his application, his notice of appeal is untimely.

After a discretionary appeal is granted, the appellant must file the notice of appeal within 10 days of the order granting the application.

Broadnax v. State · filed 2016-10-25(j)

The order directed that the appellant file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (j). Twenty-four days later, on July 8, 2016, Broadnax filed his notice of appeal. ... Because Broadnax failed to file a notice of appeal within 10 days of our order granting the discretionary application, the notice of appeal is untimely.

Subsection (g) requires a notice of appeal to be filed within ten days after the order granting discretionary review.

Elsie Bridges v. American Homes 4 Rent Properties Eight LLC · filed 2016-11-21(g)

Our July 28 order notified Bridges that she had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Sixty-two days later, on September 28, 2016, Bridges filed her notice of appeal. We lack jurisdiction.

Subsection (g) requires a notice of appeal to be filed within the time prescribed by law; an untimely notice fails to confer appellate jurisdiction and requires dismissal.

Ingram v. State · filed 2017-05-17(g)

The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. ... Here, Ingram failed to file his notice of appeal within the time required by law. See OCGA § 5-6-35 (g).

Section 5-6-35(g) requires an appellant to file a notice of appeal within 10 days after an order grants a discretionary appeal.

Grice v. Reilly · filed 2017-07-27(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within 10 days of the granting of a discretionary appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”).

Subsection (g) requires an appellant to file a notice of appeal within 10 days after an order grants a discretionary appeal.

Koroma v. State · filed 2017-08-22(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within 10 days of the granting of a discretionary appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”).

Subsection (g) requires an applicant to file a notice of appeal within ten days after an order granting discretionary appeal in order to secure appellate review, and untimely filing deprives the Court of Appeals of jurisdiction.

Crook v. State · filed 2017-09-15(g)

Our order, which was entered on November 22, 2016, informed Crook that he had ten days to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”); ... The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. ... Because Crook’s notice of appeal was not timely filed, this appeal is hereby DISMISSED for lack of jurisdiction.

Subsection (g) requires an appellant to file a notice of appeal within 10 days after an order granting a discretionary appeal.

Scholastic Book Clubs, Inc. v. Lynette T. Riley, in Her Official Capacity as Commissioner of the Georgia Department of R · filed 2018-05-02(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within 10 days of the granting of a discretionary appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court, and the burden is upon the appellant to file a timely notice of appeal. Moncrief v. Tara Apts., Ltd., 162 Ga. App. 695, 695 (293 SE2d 352) (1982). Scholastic’s failure to comply with this requirement deprives us of jurisdiction over his appeal. See Barnes v. Justis, 223 Ga. App. 671, 671 (478 SE2d 402) (1996) (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g)). Accordingly, this appeal is DISMISSED for lack of jurisdiction.

Subsection (g) requires an appellant granted discretionary review to file the notice of appeal within 10 days after the order granting the application.

Price v. Gregory C. Dozier, Commissioner · filed 2018-10-24(g)

The order directed that the appellant file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (g). ... Because Price failed to file a notice of appeal within 10 days of our order granting the discretionary application, the notice of appeal is untimely.

Subsection (g) requires an applicant to file a notice of appeal within ten days after an order granting the appeal is issued, subject to applicable rules extending a deadline that falls on a weekend.

Barrett v. State of Georgia · filed 2019-02-11(g)

Our order, which was entered on October 3, 2018, informed Barrett that he had ten days to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). The tenth day after entry of our order granting Barrett’s application fell on Saturday, October 13, 2018. Therefore Barrett had until Monday October 15, 2018 to file a timely notice of appeal. See Court of Appeals Rule 3. (“When a filing deadline falls on a Saturday [or] Sunday, . . . the deadline is extended to the next business day.”). Barrett, however, did not file his notice of appeal until Wednesday, October 24, 2018.

Subsection (g) requires an appellant to file a notice of appeal within ten days after an order granting a discretionary appeal.

Rathmann v. Rathmann · filed 2019-05-14(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal.

Subsection (g) requires a notice of appeal to be filed within 10 days after an order granting a discretionary appeal application.

Zeigler v. Zeigler · filed 2019-10-25(g)

The order directed him to file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (g). ... Because no notice of appeal was filed within 10 days of the order granting the discretionary application, the notice of appeal is untimely.

Subsection (g) requires an appellant to file a notice of appeal within ten days after a discretionary appeal is granted.

Angelo Bernard Banks v. Gregory C. Dozier, as Commissioner of Georgia Department of Corrections · filed 2019-12-04(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal.

Subsection (g) requires a notice of appeal to be filed within ten days after the order granting a discretionary appeal.

Day v. Bernard · filed 2020-02-13(g)

The order instructed Day to file a notice of appeal within ten days of the date of the order. See OCGA § 5-6-35 (g). Day filed his notice of appeal on January 8, 2019, which was 16 days after the entry of the order.

Subsection (g) requires a notice of appeal to be filed within ten days after the order granting a discretionary appeal.

Marquise Ali Robbins v. Thomas A. Cox, Jr. · filed 2020-03-13(g)

The order instructed Robbins to file a notice of appeal within ten days of the date of the order. See OCGA § 5-6-35 (g). Robbins filed his notice of appeal on September 17, 2019, which was 11 days after the entry of the order.

Section 5-6-35 imposes a jurisdictional 30-day deadline for discretionary-review applications and, when an order is directly appealable, requires a timely application to be granted, followed by a ten-day period to file the notice of appeal.

Dyer v. State · filed 2020-10-30(d), (g), and (j)

This application – filed on August 16, 20201 – is hereby DISMISSED in part as untimely with respect to the trial court’s May 14, 2020 orders denying Dyer’s first motion for an out-of-time appeal and dismissing his motion to disclose Brady2 materials. See OCGA § 5-6-35 (d) (an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (the requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith). ... The application is hereby GRANTED in part only as to the trial court’s July 17, 2020 order denying Dyer’s second motion for an out-of-time appeal. See OCGA § 5-6-35 (j) (providing that an appellate court shall grant a timely application for discretionary review if the order sought to be appealed is directly appealable); ... Dyer shall have ten days from the date of this order to file a notice of appeal in the trial court referencing the July 17, 2020 order denying his second motion for an out-of-time appeal. See OCGA § 5-6-35 (g).

Section 5-6-35(g) makes filing a notice of appeal within ten days after a discretionary appeal is granted a mandatory jurisdictional requirement.

John Timothy Copeland, Sr. v. Copeland · filed 2021-02-16(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal.

Section 5-6-35(g) requires an appellant to file a notice of appeal within 10 days after a discretionary appeal is granted.

Phipps-Mcnair v. State · filed 2021-02-17(g)

Under OCGA § 5-6-35 (g), an appellant must file a notice of appeal within 10 days of the granting of a discretionary appeal, but Phipps-McNair filed this appeal 13 days after this Court’s order granting his discretionary application.

Subsection (g) requires a notice of appeal to be filed within ten days after the Court of Appeals grants a discretionary appeal; a notice filed 39 days after the order is untimely and does not confer appellate jurisdiction.

McPherson v. State · filed 2022-04-12(g)

The order informed McPherson he had ten days in which to file a notice of appeal. See OCGA § 5-6-35 (g). McPherson filed a notice of appeal on September 27, 2021. We, however, lack jurisdiction.

Subsection (g) requires an appellant to file a notice of appeal within ten days after a discretionary appeal is granted, and timely filing is required to confer jurisdiction.

Gagliani v. State · filed 2022-07-20(g)

OCGA § 5-6-35 (g) imposes an obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court, and the burden is upon the appellant to file a timely notice of appeal.

Subsection (g) requires an applicant in a discretionary appeal to file a notice of appeal within 10 days after the order granting the appeal is issued.

Johnson v. State · filed 2022-11-22(g)

And in cases involving discretionary review, an applicant must file a notice of appeal “[w]ithin 10 days after an order is issued granting the appeal . . . to secure a review of the issues[.]” OCGA § 5-6-35 (g). Our October 6 order granting Johnson’s application informed him of this requirement, and directed him to file his notice of appeal within ten days. Johnson, however, did not file his notice of appeal until November 3, 2022, 28 days after the order granting his application was issued. Because Johnson’s notice of appeal was untimely, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (g) requires an applicant in a discretionary appeal to file a notice of appeal within 10 days after the order granting the appeal is issued.

MCDONALD v. REYES · filed 2023-09-06(g)

And in cases involving discretionary review, an applicant must file a notice of appeal “[w]ithin 10 days after an order is issued granting the appeal . . . to secure a review of the issues[.]” OCGA § 5-6-35 (g).

Subsection (g) gives an appellant ten days to file a notice of appeal after discretionary review is granted.

Ichay v. Azizy · filed 2023-11-07(g)

Thus, Ichay’s notice of appeal, filed 59 days after the expiration of his ten-day appeal period under OCGA § 5-6-35 (g), was untimely.

Section 5-6-35 (g) requires an applicant to file a notice of appeal within ten days after an order granting the appeal is issued in order to obtain review.

ROBISON v. THORNTON · filed 2024-12-20(g)

In our order, we informed the defendants that they had ten days in which to file a notice of appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). ... Because the defendants’ notice was filed more than ten days after this Court’s order granting their application, the appeal is untimely.

Section 5-6-35(g) requires an applicant to file a notice of appeal within ten days after an order granting discretionary appeal is issued.

Yasin v. Vm Master Issuer, LLC · filed 2025-04-21(g)

See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). Yasmin filed her notice of appeal eleven days later on Friday, January 3, 2025. ... Because Yasin filed her notice of appeal eleven days after this Court’s order granting her application, the appeal is untimely. We thus lack jurisdiction over the appeal, which is hereby DISMISSED. See id.

Subsection (g) requires an applicant to file a notice of appeal within ten days after an order granting the appeal is issued.

ANDREW W. BELL v. KARLI SWIFT · filed 2025-06-03(g)

In our order, we informed Bell that he had ten days within which to file a notice of appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). Bell filed his notice of appeal 16 days later on April 11, 2025.

After a discretionary appeal is granted, the applicant must file a notice of appeal within ten days to secure appellate review.

Earle v. Kembi · filed 2025-07-29(g)

In our order, we informed Earle that she would have ten days in which to file a notice of appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). Earle filed her notice of appeal 14 days later on December 16, 2024.

Subsection (g) requires a notice of appeal to be filed within ten days after an order granting an application for discretionary review.

KIMMIYAA, LLC v. COFFEE BIANCO, LLC · filed 2025-08-05(g)

Our November 6 order notified the plaintiffs that they had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). ... Because the plaintiffs failed to file their notice of appeal within ten days of our order granting their application, their notice of appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Subsection (g) requires a notice of appeal to be filed within ten days after an order granting a discretionary-review application.

Florence v. Ryles-Florence · filed 2025-09-23(g)

Our order notified Florence that she had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). ... Because Florence failed to file her notice of appeal within ten days of our order granting her application, the notice of appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. See OCGA § 5-6-35 (g); White, 188 Ga. App. at 557.

Section 5-6-35 (g) requires a notice of appeal to be filed within ten days after the court grants a discretionary application.

Zive v. Clayton County · filed 2025-12-12(g)

On May 21, 2025, this Court granted Jouval Zive’s discretionary application and notified Zive that it was necessary to file a notice of appeal within ten days.1 See Zive v. Clayton County, Case No. A25D0384 (May 21, 2025); OCGA § 5-6-35 (g).

Subsection (g) requires an applicant to file a notice of appeal within ten days after an order granting the appeal is issued.

Salinas F. Smith v. Rodney Hill, Jr · filed 2026-02-11(g)

In our order, we informed Smith that he had ten days in which to file a notice of appeal. See OCGA § 5-6-35(g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”).

Section 5-6-35(g) requires a notice of appeal within 10 days after an order granting discretionary appeal; an untimely notice leaves the appellate court without jurisdiction.

Marshall v. State · filed 2012-11-14(g)

Because Marshall failed to file his notice of appeal within 10 days of our order granting his application, his notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction. See id.; OCGA § 5-6-35 (g).

After a discretionary appeal is granted, the applicant must file a notice of appeal within ten days; an untimely notice leaves the appellate court without jurisdiction.

Davis v. State · filed 2017-11-14(g)

Our order, which was entered on September 5, 2017, informed Davis that he had ten days to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”); see also Riley v. State, 280 Ga. 267, 268 (626 SE2d 116) (2006). The tenth day after entry of our order granting Davis’s application fell on Friday, September 15, 2017. Davis, however, did not file his notice of appeal until Monday, September 18, 2017.2 The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.

After a discretionary application is granted, subsection (g) gives the applicant ten days to file a notice of appeal in the trial court; an applicant who has already filed one need not file a second.

Shannon v. Hatch · filed 2020-09-21(g)

Shannon shall have ten days from the date of this order to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g). If Shannon already has filed a notice of appeal in the trial court, then he need not file a second notice.

Section 5-6-35(g) requires a notice of appeal within ten days after the Court of Appeals grants a discretionary application.

Washington v. State · filed 2024-06-04(g)

This Court’s order granting the application notified Washington that he would have ten days to file a notice of appeal. See OCGA § 5-6-35 (g). ... Because Washington failed to file a notice of appeal in the trial court within ten days of this Court’s order granting his application, his appeal is untimely.

Section 5-6-35(g) gives an applicant ten days from the order granting discretionary review to file a notice of appeal in superior court.

Dorner v. Brock Jr. · filed 2024-07-25(g)

Dorner shall have ten days from the date of this order to file a notice of appeal in the superior court. See OCGA § 5-6-35 (g).

Section 5-6-35 requires a new discretionary appeal application to appeal a ruling issued on remand in a divorce matter, even if an earlier application was granted.

Davidson v. Callaway · filed 2002-02-11

There is no exception to the requirements of OCGA § 5-6-35 that excuses an appellant from following the discretionary appeal procedures merely because the ruling being appealed was issued by the trial court on remand rather than on its first appearance in the trial court. In matters arising from divorce, the filing of a previous application for a discretionary appeal does not relieve an appellant from following the statutory appeal procedures for all subsequent issues sought to be appealed arising from that same matter.

Section 5-6-35(a)(2) does not require an application for appeal in a child deprivation case because such a case is neither a child custody nor a domestic relations case under the subsection.

In the Interest of J. C. H. · filed 1997-02-18(a)(2)

Since this case involves depriva...tion of a child, which is neither a child custody nor domestic relations case within the purview of OCGA § 5-6-35 (a) (2), appellees’ motion is denied.

Section 5-6-35 does not require a discretionary appeal for dependency or deprivation findings that are directly appealable, and permits an otherwise timely discretionary application to proceed when the order is subject to direct appeal.

In the Interest of D. L., Children · filed 2017-07-26(a)(2), (a)(12), (j)

Although a domestic relations order or an order terminating parental rights is subject to the discretionary appeal procedures, a dependency or deprivation finding may be appealed directly. See OCGA § 5-6-35 (a) (2) & (12); ... We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 (a) (2) does not require a discretionary appeal for a final order in a child-deprivation proceeding because such a proceeding is neither a child-custody nor a domestic-relations case.

In the Interest of J. P. · filed 1997-01-21(a)(2)

Because deprivation cases are neither child custody nor domestic relations cases within the purview of OCGA § 5-6-35 (a) (2), we hold that a right of direct appeal lies from such orders.

Section 5-6-35(a)(9) generally makes a temporary restraining order not directly appealable, but an order functionally granting all requested relief after an adversary hearing is directly appealable.

Dolinger v. Driver · filed 1998-02-23(a)(9)

A temporary restraining order is not directly appealable. OCGA § 5-6-35 (a) (9). Although the injunction in this case is denominated as a TRO, there is no magic in nomenclature. A document is to be construed by its substance or function, rather than by its name. ... Thus, where a TRO is entered after a lengthy adversary hearing and effectively grants the plaintiff all of the relief he or she sought, it is directly appealable.

A pro se prisoner must meet the deadline for filing a notice of appeal after a discretionary appeal is granted; the prison mailbox rule does not excuse late filing outside habeas cases.

Riley v. State · filed 2006-01-30(g)

Accordingly, contrary to Riley’s assertion, the mailbox rule established in Massaline does not exempt a pro se prisoner from complying with the statutory requirements to file a timely notice of appeal in any non-habeas criminal or civil filing.

Section 5-6-35 requires a county-prisoner appeal to follow the discretionary-appeal procedure, and failure to do so deprives the appellate court of jurisdiction.

Serpentfoot v. Salmon · filed 1997-03-13

Since Serpentfoot has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal.

Section 5-6-35(a)(12)'s discretionary appeal procedure does not violate the state or federal constitutional guarantees of due process.

In Re Ab · filed 2011-09-08(a)(12)

In accordance with the controlling precedent of N.A.U.E., the discretionary appeal process of OCGA § 5-6-55(a)(12) does not violate the mother's due process rights under the State and Federal Constitutions. Therefore, her constitutional challenge to OCGA § 5-6-35(a)(12) is without merit.

Section 5-6-35 requires a party appealing a state-court order disposing of a de novo appeal from a magistrate-court decision to use the discretionary-appeal procedure.

Richardson v. Dinkins · filed 2013-09-11(b); (a)(11)

Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Richardson was required to follow the discretionary appeal procedure set forth in OCGA § 5-6-35 (b). ... Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(10) requires discretionary appeal when no direct appeal has been taken from the underlying judgment, while subsection (j) permits granting a timely discretionary application when the order is directly appealable and no timely notice of appeal was filed.

Labmd, Inc. v. Savera · filed 2013-09-19(a)(10), (j)

“[A] party aggrieved by a post-judgment OCGA § 9-15-14 award is required to comply with the discretionary appeal procedure of OCGA § 5-6-35 (a) (10) only in those instances where no direct appeal has been otherwise taken from the underlying judgment. However, in those instances where . . . a direct appeal has been taken from the underlying judgment, a party may also appeal directly from the OCGA § 9-15-14 post-judgment award without regard to the discretionary appeal procedures.” ... Thus, LabMD was entitled to a direct appeal from the attorney fee award. 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(a)(1) requires a discretionary appeal when a superior court order resolves a de novo appeal from a magistrate court decision.

McCalla v. Thr Georgia Lp · filed 2014-09-10(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, McCalla was required to follow the discretionary appeal procedure. 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 appellant to use the discretionary-appeal procedure when appealing a superior court order involving a de novo appeal from a magistrate court decision.

Gray v. Titlemax, Inc. · filed 2015-07-08(a)(1)

When a superior 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) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35 requires a party seeking appellate review of a prisoner's civil action to file an application for discretionary appeal rather than a direct appeal.

ELMON mCCARROLL ELMORE, JR v. WESLEY O'NEAL, ADMINISTRATIVE LIEUTENANT, JOHNSON STATE PRISON, DEPARTMENT OF CORRECTIONS · filed 2015-12-15

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 a direct appeal from the trial court’s order.

Section 5-6-35(j) governs discretionary appeals and does not apply merely because an order awards less than $10,000 in fees when the underlying action is not a damages action ending in a final judgment of $10,000 or less.

Chandani v. Patel v. Deepali M. Patel · filed 2016-04-25(j)

Although the amount of the fees awarded is less than $10,000.00, the underlying action is not an action for damages in which a final judgment of $10,000.00 or less was entered. Because we conclude that the order complained of is not subject to the discretionary appeal procedure, this application is GRANTED as required under OCGA § 5-6-35 (j).

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

Bretzing v. State · filed 2016-08-10

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 to appeal in this context to file an application for discretionary appeal with the appropriate appellate court.

Marquise Ali Robbins v. Department of Corrections · filed 2017-07-31

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)(11) requires an appellant challenging a state-court order on a de novo appeal from a magistrate court decision to use the discretionary appeal procedure.

Avellaneda v. Borja · filed 2017-09-15(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 a prisoner seeking appellate review of a civil action to file an application for discretionary appeal rather than pursue a direct appeal.

Jackson v. Artis Singleton, Warden · filed 2018-04-05

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 Jackson’s direct appeal from the trial court’s order.

Section 5-6-35 requires a party appealing a civil action filed by a prisoner to apply for a discretionary appeal rather than take a direct appeal.

Van Zant v. State of Georgia · filed 2019-01-10

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(a) does not require a discretionary appeal for a trial court order dismissing a civil action when the order is subject to direct appeal, and subsection (j) permits the Court to grant an otherwise timely discretionary application in that circumstance.

Clemons v. Edwards · filed 2017-07-04(a), (j)

Further, based on the limited information included with the application materials, no provision of the discretionary appeal statue, OCGA § 5-6-35 (a), appears to apply to this case. The trial court’s order, therefore, appears to be subject to direct appeal. This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 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.

Racquel Green v. Main Street Renewal, LLC · filed 2019-02-26(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.”

A prisoner's civil appeal must proceed as provided in section 5-6-35, requiring an application for discretionary review rather than a direct appeal.

RECO COUSINS v. UNIVERSITY OF WEST GEORGIA · filed 2021-04-20

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

"A prisoner’s civil appeal must proceed under section 5-6-35 by application for discretionary appeal."

Fredrick v. Watson · filed 2021-06-15

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

"A prisoner’s civil appeal must proceed under section 5-6-35 by application for discretionary appeal."

BURKE v. CHILDS · filed 2021-07-23

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

"An incarcerated litigant has no right of direct appeal in a civil action and must use the discretionary-review procedure in section 5-6-35."

Mobley v. State Board of Pardons and Paroles · filed 2021-08-26

We remind Mobley that, because he is incarcerated, he has no right of direct appeal in any civil action he initiates and must, instead, file an application for discretionary review using the procedure set forth in OCGA § 5-6-35.

Section 5-6-35(a)(11) requires an appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision to be initiated by an application for discretionary appeal.

Carbon v. Hb Properties I LLC · filed 2021-12-21(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (punctuation omitted).

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

Battie v. Federal National Mortgage Association · filed 2025-05-13(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.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because this case involves an appeal from magistrate court to superior court, Battie has no right to a direct appeal. See Bullock, 260 Ga. App. at 875.

Section 5-6-35(a)(2) does not require the discretionary appeal procedure for an appeal from an order denying legitimation and granting adoption.

Smith v. Soligon · filed 2002-03-08(a)(2)

Soligon has moved this court to dismiss Smith’s appeal due to his failure to follow the discretionary appeal procedure under OCGA § 5-6-35 (a) (2). Contrary to Soligon’s assertions, however, this court has jurisdiction.

Section 5-6-35(a)(1)’s discretionary appeal procedure does not apply when the subdivision regulations provide no administrative appeal for adjacent property owners.

Danbert v. North Georgia Land Ventures, LLC · filed 2010-07-05(a)(1)

However, the discretionary appeal procedure ... does not apply in this case; the subdivision regulations here do not provide that the Danberts could have pursued an administrative appeal, instead providing that if “land is used in violation of this Resolution ... any adjacent property owners who would he damaged by such violation, in addition to other remedies, may institute injunction or other appropriate action. . . Towns County Revised Subdivision Regulations, Art. XIII.

Section 5-6-35(a)(5.1) requires appeals from superior-court decisions reviewing Sexual Offender Registration Review Board decisions to proceed by application for discretionary appeal.

Duncan v. State of Georgia Sexual Offender Registration Review Board · filed 2015-04-10(a)(5.1)

Appeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board shall be by application for discretionary appeal. OCGA § 5-6-35 (a) (5.1).

Section 5-6-35 requires discretionary appeal procedures for an appeal from a superior-court decision reviewing an administrative agency decision, including when a declaratory judgment action is essentially an attempted appeal of that administrative decision.

Greenberg v. Griffith · filed 1997-05-29(a)(1), (b)

Under OCGA § 5-6-35 (a) (1), the discretionary appeal procedures are required to appeal the decision of a superior court reviewing the decision of an administrative agency. Where a declaratory judgment action essentially is an attempted appeal of an administrative decision, then the discretionary appeal procedures are required. ... The declaratory judgment action Greenberg filed in the superior court, the case sub judice, challenges the Board’s decision to apply its residency requirements to his two children. This action was therefore an attempt at reviewing the Board’s administrative decision. It thus follows that the discretionary appeal procedures prescribed in OCGA § 5-6-35 (b) were required to appeal the superior court’s decision.

Appeals from superior-court decisions reviewing state or local administrative-agency decisions must be taken by an application in the nature of a petition for discretionary appeal, and failure to follow that mandatory procedure deprives the appellate court of jurisdiction.

Simmons v. Georgia Bureau of Investigation · filed 1999-01-05(a)(1), (b)

Appeals from decisions of the superior courts reviewing decisions of state and local administrative agencies shall be by application in the nature of a petition for discretionary appeal. OCGA § 5-6-35 (a) (1) and (b). Our jurisdiction is invoked only by following the appropriate procedure, and where that procedure is not followed this Court has no jurisdiction to consider the merits of the appeal. ... In the case sub judice, appellant failed to comply with the mandatory procedures for seeking discretionary appeal from the superior court’s affirmance of adverse administrative action. Consequently, the appeal in Case No. A99A0752 must be dismissed.

Section 5-6-35(a)(1) requires an application for discretionary review when an appellate court reviews a superior-court decision reviewing a local zoning authority's administrative decision, including when the superior-court proceeding is framed as mandamus.

Fulton County v. Congregation of Anshei Chesed · filed 2002-10-15(a)(1)

Whether the superior court was hearing an appeal as provided by the local ordinance or a mandamus action, the superior court was reviewing the decision of an administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and appellate review of the superior court’s judgment must be preceded by the grant of an application for discretionary review.

Section 5-6-35(a)(1) gives the appellate courts discretion whether to allow an appeal from a state administrative agency decision, including a Revenue Commissioner decision, except in ad valorem tax cases.

Best Tobacco, Inc. v. Department of Revenue · filed 2004-09-08(a)(1)

Under the subsection at issue here, OCGA § 5-6-35 (a) (1), we have the discretion on a case-by-case basis whether to allow an appeal from a decision of a state administrative agency, including decisions of the Revenue Commissioner (except cases involving ad valorem taxes).

Section 5-6-35(a)(1) requires an application for appeal when the appeal concerns a superior court’s review of an administrative agency decision, but not when it does not.

Harrell v. Fulton County · filed 2005-03-29(a)(1)

A case filed in either appellate court that involves zoning must come by application when “it is an appeal from the decision of a court reviewing a decision of an administrative agency within the meaning of OCGA § 5-6-35 (a) (1).” ... “Where a zoning case does not involve superior court review of an administrative decision, the trial court’s order does not come within the purview of OCGA § 5-6-35 (a) (1) and no application for appeal need be filed.”

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Fox v. Georgia Department of Labor · filed 2013-08-07(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Thomas v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2013-10-08(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Section 5-6-35(a)(5.1) requires appeals from superior-court decisions reviewing Sexual Offender Registration Review Board decisions to be taken by discretionary application.

Rahn v. State of Georgia · filed 2014-09-18(a)(5.1)

The Board has moved to dismiss the appeal on the grounds that OCGA § 5-6-35 (a) (5.1) requires that “[a]ppeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board” be taken by discretionary application. We agree. Accordingly, the Board’s motion to dismiss appeal is hereby GRANTED.

An appeal from a superior-court decision reviewing a local administrative agency decision must be brought by application for discretionary appeal.

Falls-Miller v. Savannah-Chatham County Board of Education · filed 2015-02-05(a)(1)

An appeal from a decision of the superior court reviewing a decision of a local administrative agency must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (1). Because Falls-Miller failed to follow the discretionary appeal procedure as required, this appeal is ordered DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(1) requires an application for discretionary review when a superior court reviews a state or local administrative agency decision, and the agency decision must be adjudicative in nature, though formal adjudicative procedures are not required.

State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc. · filed 2016-07-05(a)(1)

Both the text and immediate context of OCGA § 5-6-35 (a) (1) indicate that a “decision,” as it is used with reference to administrative agencies, is a determination of an adjudicative nature.... Considering the statutory text, its relevant context, the judicial precedents, and the usual understanding of American courts generally about administrative determinations of different sorts, we conclude that “decision” — as the term is used in OCGA § 5-6-35 (a) (1) with reference to administrative agencies — is most naturally and reasonably understood to refer to an administrative determination of an adjudicative nature.... Although a determination of an adjudicative nature is essential to an administrative “decision” for the purposes of OCGA § 5-6-35 (a) (1), the Department says that a “decision” also must be marked by formal adjudicative procedures. We disagree.... For OCGA § 5-6-35 (a) (1) to apply with respect to administrative agencies, there must be not only a “decision,” but it must be the “decision[] of . . . [the] state [or] local administrative agenc[y].”.... Because the Department appeals from a decision of a superior court reviewing a decision of a state administrative agency, it was required under OCGA § 5-6-35 (a) (1) to bring its appeal by way of an application for discretionary review.

Appeals from superior-court orders reviewing decisions of state administrative agencies must be initiated by an application for discretionary review.

Benjamin v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2016-10-25(a)(1)

Under OCGA § 5-6-35 (a) (1), appeals from orders of superior courts reviewing decisions of state administrative agencies must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(1) treats a local-government zoning decision as an action of a local administrative agency, so an appeal from a superior court decision reviewing that action requires an application for discretionary appeal.

Ada Street, LLC v. Whitener · filed 2017-03-15(a)(1)

We lack jurisdiction. A zoning decision made by a local government constitutes the action of a local administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an appeal from a superior court decision reviewing the local administrative agency’s decision must come by way of an application for discretionary appeal.

Section 5-6-35(a)(1) requires an appeal from a superior court order reviewing a state administrative agency decision to begin with an application for discretionary review.

Hudson v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2017-04-27(a)(1)

Under OCGA § 5-6-35 (a) (1), appeals from orders of superior courts reviewing decisions of state administrative agencies must be initiated by filing an application for discretionary review.

Section 5-6-35 (a)(1) requires an application for an appeal from a superior-court decision reviewing a decision of a state or local administrative agency, but a legislative, prospective adoption of a citywide zoning code is not such a decision and a freestanding facial challenge therefore may proceed by direct appeal.

SCHUMACHER v. CITY OF ROSWELL · filed 2017-06-30(a)(1)

As relevant here, OCGA § 5-6-35 (a) (1) requires an application for “Appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies.” ... OCGA 5-6-35 (a) (1) requires both a “decision” and an “administrative agenc[y]”; this case has neither, and thus the statute does not require an application for discretionary appeal.

Section 5-6-35 requires an application for discretionary review to initiate an appeal from a superior-court decision reviewing a Sexual Offender Registration Review Board decision.

Rayam v. Sexual Offender Registration Review Board · filed 2018-03-15(a)(5.1), (b)

An appeal from a decision of a superior court reviewing a decision of the Board must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(1) requires a discretionary-appeal application for appeals from superior-court decisions reviewing state or local administrative-agency decisions, including zoning cases involving an adjudicative decision about a particular parcel.

Sweet City Landfill, LLC v. Elbert County · filed 2018-08-28(a)(1)

Pursuant to OCGA § 5-6-35 (a) (1), appeals from decisions of the superior courts reviewing decisions of state and local administrative agencies must be made by filing an application for discretionary appeal. ... As in Schumacher, the adoption of the ordinance was an exercise of legislative power and therefore not an adjudicative “decision” of an “administrative agenc[y]” under OCGA § 5-6-35 (a) (1). See Schumacher, 301 Ga. at 637 (1). ... Because no adjudicative “decision” was made here, this is not a “zoning case” under Trend or Rubin. See Schumacher, 301 Ga. at 635. Accordingly, Sweet City’s direct appeal is properly before this Court.

Section 5-6-35 requires a discretionary-appeal application for appeals from superior-court decisions reviewing decisions of state and local administrative agencies.

Grogan v. City of Dawsonville · filed 2019-02-04(a)(1)

The second code section, OCGA § 5-6-35, governs the process by which a party must file an application for discretionary review for certain orders that are immediately appealable. ... As relevant here, a discretionary application is required for "[a]ppeals from decisions of the superior courts reviewing decisions of ... state and local administrative agencies." OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(1) requires a discretionary application for an appeal from a superior court’s review of a lower tribunal’s decision, whether the review was by certiorari or de novo proceedings.

Wolfe v. Board of Regents · filed 2016-11-21(a)(1)

Indeed, OCGA § 5-6-35 (a) (1) applies by its plain terms whether the superior court’s review of the lower tribunal’s decision was “by certiorari or de novo proceedings.”

Section 5-6-35(a)(1) requires an application for discretionary appeal when the underlying case involves review of an administrative ruling.

Cobb County, Georgia v. Lidl US Operations, LLC · filed 2019-07-29(a)(1)

Rather, the applicants must wait until the superior court issues its final ruling and then may seek appellate review by filing an application for discretionary appeal.

Section 5-6-35 (a) (1) requires a discretionary application for appeals from superior-court review of listed administrative and lower-court decisions, but not from review of a Georgia Lottery Corporation decision because the GLC is not a state agency.

Ultra Group of Companies, Inc. v. S&A 1488 Management, Inc. · filed 2019-11-21(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings[.]” The statute creating the GLC expressly provides that it is “not a state agency.” OCGA § 50-27-4. Accordingly, “a superior court order reviewing a decision of the GLC does not fall within the ambit of OCGA § 5-6-35 (a) (1), and an application for discretionary . . . is not required.” Amusement Leasing, Inc. v. Georgia Lottery Corp., __ Ga. App. __ (1) (Case No. A19A1666, decided October 10, 2019).

Section 5-6-35 (a) (1) requires a discretionary appeal when a superior court reviews a decision of a state administrative agency.

Dudar v. Department of Community Affairs · filed 2020-05-22(a)(1)

Because Dudar’s appeal was from the superior court’s review of a decision by a state administrative agency, it should have been brought by application for discretionary appeal under OCGA § 5-6-35. We therefore dismiss this direct appeal for lack of jurisdiction.

Section 5-6-35 (a) (1) requires a discretionary-appeal application for appeals from superior-court decisions reviewing state or local administrative-agency decisions, including declaratory-judgment or mandamus actions whose substance seeks review of an agency decision.

Dresden Properties, LLC v. City of Brookhaven · filed 2020-06-05(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . state and local administrative agencies . . . by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. ... The Supreme Court has made clear that this statute applies even when, as here, a plaintiff files a declaratory judgment or mandamus action in superior court if the substance of that action pertains to judicial review of an agency decision. ... Because the action at issue seeks to challenge Brookhaven’s zoning decision, Dresden was required to file an application for discretionary appeal to obtain review.

Section 5-6-35(a)(1) covers superior-court review of decisions by state or local administrative agencies, but only adjudicative agency determinations qualify; subsection (j) permits a timely application when direct appeal is available.

Southeast Georgia Health System, Inc. v. Frank W. Berry, in His Official Capacity as Commissioner · filed 2021-04-30(a)(1), (j)

The issue here is whether the Commissioner’s decision not to investigate constituted a “decision” within the meaning of OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(1) covers superior-court review of decisions by state or local administrative agencies, and the court must determine whether the agency action is a statutory decision.

Thomas County, Georgia v. Wh Group 2, LLC. · filed 2021-03-31(a)(1)

First, we conclude that the director’s action was that of a “local administrative agency.”

Section 5-6-35(a)(1) requires discretionary review of superior-court decisions reviewing state or local administrative agencies by certiorari or de novo proceedings.

SMOKE CITY SHOP, LLC v. CITY OF ATLANTA, GEORGIA · filed 2021-07-23(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies . . . by certiorari or de novo proceedings” must be brought by application for discretionary appeal.

Section 5-6-35 (a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a local administrative agency decision.

HOLLY RESTAURANT & SPORTS, LLC D/B/A SKYBOXX RESTAURANT & SPORTS BAR, LLC v. CLAYTON COUNTY · filed 2021-10-08(a)(1)

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

Appeals from superior court decisions reviewing decisions of state or local administrative agencies must be brought by application for discretionary review, and failure to follow the required procedures deprives the Court of Appeals of jurisdiction.

KL PRODUCTIONS, LLC v. MERCEDES-BENZ U.S.A., LLC · filed 2024-10-23(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be brought by application for discretionary review. Where a discretionary application is required, failure to follow the procedures set forth in OCGA § 5-6-35 deprives this Court of jurisdiction over the appeal.

Section 5-6-35(a)(1) requires a discretionary application for an appeal from a superior court's review of a state or local administrative agency decision.

ULTRA GROUP OF COMPANIES, INC. v. SINGH · filed 2024-12-29(a)(1)

Although appeals “from decision of the superior courts reviewing decisions . . . of state and local administrative agencies” must come by discretionary application under OCGA § 5-6-35 (a) (1), the GLC is not a state agency and, as a result, the parties were not required to file applications for discretionary review to seek review of the superior court’s orders.

Section 5-6-35 (a)(1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

DOVER DAVIS, JR. v. HARVEY K. PERSONS · filed 2025-01-09(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Subsection (a)(1) requires a discretionary appeal application for a superior court order reviewing decisions of state and local administrative agencies.

BOWEN v. JEFFREY W. COWN, DIRECTOR ENVIRONMENTAL PROTECTION DIVISION, DEPARTMENT OF NATURAL RESOURCES · filed 2024-12-06(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required from a superior court order “reviewing decisions of . . . state and local administrative agencies[.]”

Section 5-6-35 (a) (1) requires discretionary-appeal procedures when an appeal concerns review of an administrative decision, but not when the claim does not require such review.

BOULEVARD BAR AND GRILL, LLC v. CITY OF SOUTH FULTON · filed 2025-11-19(a)(1)

It is true that “if the underlying subject matter of the appeal . . . concerns the review of an administrative decision, then the discretionary appeal procedures must be followed.” ... As discussed in Division 2, however, Count 3 does not challenge — and thus does not require review of — an administrative decision. Rather, the claim alleges that the City acted negligently when it granted the occupation tax certificate in May 2022. The trial court’s grant of summary judgment on this claim was subject to direct review, giving us jurisdiction over the entire appeal. See Harrell v. Fulton County, 272 Ga. App. 760, 763 (1) (612 SE2d 838) (2005) (“Where a zoning case does not involve superior court review of an administrative decision, the trial court’s order does not come within the purview of OCGA § 5-6-35 (a) (1) and no application for appeal need be filed.”) (citation and punctuation omitted); OCGA § 9-11-56 (h); OCGA § 5-6-34 (d). Accordingly, the defendants’ motion to dismiss this appeal is denied.

Section 5-6-35(a)(1) requires a discretionary application to appeal a superior court decision reviewing a local administrative agency’s adjudicative decision, including a local zoning board’s denial of a rezoning request.

SOCKWELL CORNERS, LLC v. NEWTON COUNTY · filed 2026-06-02(a)(1)

In short, in Diversified Holdings we held that appeals such as this are “[a]ppeals from decisions of the superior courts reviewing decisions of … local administrative agencies” within the meaning of those terms in OCGA § 5-6-35(a)(1), such that a discretionary application is required by that statute.

Subsection (a)(1) requires a discretionary application to appeal a superior-court decision reviewing a state or local administrative agency, including an agency’s investigative-demand decision.

HAIR RESTORATION SPECIALISTS, INC. D/B/A HAIR RESTORATION SPECIALISTS OF ATLANTA v. STATE OF GEORGIA · filed 2021-08-26(a)(1)

To appeal a decision of a superior court reviewing a decision of a state administrative agency, a party must file an application for discretionary appeal with the appellate court. See OCGA § 5-6-35 (a) (1). This issue is controlled by the prior decisions of Tri-State Bldg. & Supply v. Reid, 251 Ga. 38, 39 (302 SE2d 566) (1983), and Financial Education Servs., Inc. v. State of Ga., 336 Ga. App. 606, 608 (785 SE2d 544) (2016), holding that an “agency’s decision to issue an investigative demand is a decision of an administrative agency within the meaning of OCGA § 5-6-35 (a).”

Section 5-6-35(a)(1) does not require a discretionary appeal application for a tort damages action merely because the conduct was or could have been the subject of an administrative grievance.

McBride v. Zant · filed 1992-05-06(a)(1)

Appellant has filed separate tort actions seeking damages for official actions which were or could have been the subject of administrative grievances. He is not seeking a review by the superior court of a decision of an administrative agency within the contemplation of OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(1) does not require a discretionary application when the superior court rules in an original action instead of reviewing an administrative agency decision.

Scarborough v. Brian Kemp, Secretary of State · filed 2017-11-20(a)(1)

Thus, OCGA § 5-6-35 (a) (1) is not applicable and Scarborough was not required to file a discretionary application.

Section 5-6-35(a)(7) requires the discretionary-appeal procedure for an appeal from denial of an extraordinary motion for new trial when the appeal is separate from an original appeal.

Balkcom v. State · filed 1997-07-15(a)(7)

Under OCGA § 5-6-35(a)(7), the discretionary appeals procedures are required for "[a]ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial." ... Consequently, this is an appeal of the denial of the extraordinary motion for new trial which was filed "separate" from an "original appeal," within the meaning of OCGA § 5-6-35(a)(7). A direct appeal does not lie.

Section 5-6-35 requires an appeal from the denial of an extraordinary motion for new trial to use the discretionary-appeal procedure, and failure to do so deprives the appellate court of jurisdiction.

Jordan v. State · filed 2001-01-16(a)(7), (b), (d)

An appeal from the denial of an extraordinary motion for new trial must be brought in accordance with the discretionary appeal procedure. OCGA § 5-6-35 (a) (7), (b), (d). Failure to follow this procedure where required deprives this Court of jurisdiction to entertain the appeal. ... Jordan filed a notice of appeal rather than an application for discretionary appeal under OCGA § 5-6-35 (a) (7).

Section 5-6-35(a)(7) does not require a discretionary application when the appeal is not from the denial of an extraordinary motion for new trial separate from an original appeal, so a direct appeal is allowed.

Mountain Creek Hollow, Inc. v. Cochran · filed 2004-11-23(a)(7)

Because this is not an appeal of the denial of an extraordinary motion for new trial separate from an original appeal, a discretionary application is not required, see OCGA § 5-6-35 (a) (7), and a direct appeal is allowed.

Section 5-6-35(a)(7) requires an application for discretionary appeal; a direct appeal does not lie from the denial of an extraordinary motion for new trial separate from the original appeal.

Gulledge v. State · filed 2003-07-10(a)(7)

The denial of the extraordinary motion for new trial cannot serve as the basis for this appeal because a direct appeal does not lie from the denial of an extraordinary motion for new trial separate from the original appeal; an application for discretionary appeal is required.

Section 5-6-35(a)(7) requires an appeal from the denial of an extraordinary motion for a new trial to follow the discretionary-appeal procedures.

Jackson v. State · filed 2004-09-07(a)(7)

Finally, to the extent Jackson’s motion may be recognized as an extraordinary motion for a new trial, the present direct appeal from the denial of that motion must be dismissed. An appeal from the denial of an extraordinary motion for a new trial must be brought pursuant to the discretionary appeal procedures.

Section 5-6-35(a)(7) requires an application for discretionary appeal from the denial of an extraordinary motion for new trial when the motion is separate from the original appeal.

Bradberry v. State · filed 2012-04-06(a)(7)

“direct appeal does not lie from the denial of an extraordinary motion for new trial separate from the original appeal; an application for discretionary appeal is required. OCGA § 5-6-35 (a) (7)[.]”

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

Houston v. State · filed 2012-10-24(a)(7)

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