Ga. Code Ann. § 5-6-35

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

Boswell v. J. A. Keller, Warden · filed 2012-10-31(a)(7)

This type of writ “is the ancestor of the current extraordinary motion for new trial.” Crews v. State, 175 Ga. App. 300 (333 SE2d 176) (1985). In substance, therefore, the petition is an extraordinary motion for new trial. And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure. Boswell’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeals, which are hereby DISMISSED.

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

Carter v. State · filed 2012-11-20(a)(7)

However, orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Carter’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this direct appeal, which is therefore DISMISSED.

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

William Donny Anderson, Jr. v. State · filed 2013-04-10(a)(7)

And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Section 5-6-35(a)(7) requires an appellant challenging the denial of an extraordinary motion for new trial to use the discretionary appeal procedure.

Stephens v. State · filed 2013-04-23(a)(7)

An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure.

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

Jones v. State · filed 2013-08-15(a)(7)

Even if we could construe Jones’s motion as an extraordinary motion for new trial, the appeal would nonetheless be subject to dismissal. See OCGA § 5-5-41 (b); Balkcom v. State, 227 Ga. App. 327 (489 SE2d 129) (1997). An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure. See OCGA § 5-6-35 (a) (7); Balkcom, supra.

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

Hollis v. State · filed 2013-12-18(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom, supra at 329.

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

Kilgore v. State · filed 2014-03-03(a)(7)

To the extent Kilgore is deemed to have directly appealed from the denial of an extraordinary motion for new trial, such an appeal would not be properly before us because a party must file an application for discretionary appeal from such an order. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Tred M. Wright v. State · filed 2014-04-08(a)(7)

And an order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7).

Section 5-6-35(a)(7) requires a discretionary appeal when a court denies or dismisses an extraordinary motion for new trial.

Stokes v. State · filed 2014-06-26(a)(7)

And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

Wright v. State · filed 2014-09-11(a)(7)

However, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Subsection (a)(7) requires a discretionary application to appeal an order denying an extraordinary motion for new trial.

Shields v. State · filed 2014-12-12(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7).

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

Merilien v. State · filed 2014-12-12(a)(7)

A writ of error coram nobis “is the ancestor of the current extraordinary motion for new trial.” Crews v. State, 175 Ga. App. 300 (333 SE2d 176) (1985). In substance, therefore, the petition is an extraordinary motion for new trial. And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure. Merilien’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED.

An order denying an extraordinary motion for new trial may be appealed only by discretionary application.

Sevostiyanova v. State · filed 2015-02-05(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7).

Section 5-6-35 (a)(7) requires a discretionary appeal to challenge the denial or dismissal of an extraordinary motion for new trial.

Washington v. State · filed 2015-10-06(a)(7)

In substance, therefore, the petition is an extraordinary motion for new trial. And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure. Washington’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED.

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

Walls v. State · filed 2015-10-06(a)(7)

Walls also was not entitled to a direct appeal from the denial of his extraordinary motion for a new trial, which must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Isaac v. State · filed 2015-10-29(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Fosselman v. State · filed 2015-11-23(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Kaufman v. State · filed 2016-01-25(a)(7)

A writ of error coram nobis “is the ancestor of the current extraordinary motion for new trial.” Crews v. State, 175 Ga. App. 300 (333 SE2d 176) (1985). In substance, therefore, the petition is an extraordinary motion for new trial. And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

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

Daniel v. State · filed 2016-03-11(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Subsection (a)(7) requires appeals from the denial or dismissal of an extraordinary motion for new trial to comply with the discretionary appeal procedure.

Jenkins v. State · filed 2016-06-10(a)(7)

And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

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

Rudolph v. Orange v. State · filed 2016-08-10(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for a new trial must comply with the discretionary appeal procedure.

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

Berman v. State · filed 2016-08-25(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure. See Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Berman’s failure to comply with the necessary procedure deprives us of jurisdiction over his appeal, which is hereby DISMISSED.

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

Jones v. State · filed 2016-08-25(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Subsection (a)(7) requires appeals from the denial of an extraordinary motion for new trial to follow the discretionary appeal procedure.

Lopez-Gomez v. State · filed 2016-09-21(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Section 5-6-35(a)(7) requires an appeal from the denial or dismissal of an extraordinary motion for a new trial to be initiated by an application for discretionary review.

Cobble v. State · filed 2016-10-25(a)(7)

Appeals from the denial or dismissal of an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Cobble’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal.1 Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Allen v. State · filed 2016-12-07(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

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

Johnson v. State · filed 2016-12-07(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Section 5-6-35(a)(7) requires an appeal from the denial of an extraordinary motion for new trial to be initiated by an application for discretionary review.

Moran v. State · filed 2016-12-07(a)(7)

An appeal from the denial of an extraordinary motion for new trial must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Moran’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal.

An appeal from the denial of an extraordinary motion for new trial must follow the discretionary-appeal procedure.

Trusty v. State · filed 2016-12-28(a)(7)

First, Trusty failed to file an application for discretionary appeal as required. Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure. Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Trusty’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal.

Appeals from the denial of an extraordinary motion for new trial must follow the discretionary appeal procedure.

Forehand v. State · filed 2016-12-28(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Section 5-6-35(a)(7) requires an order disposing of an extraordinary motion for new trial to be appealed by application for discretionary review.

Langston v. State · filed 2017-03-15(a)(7)

An order disposing of an extraordinary motion for new trial, however, must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Taylor v. State · filed 2017-08-29(a)(7)

To the extent Taylor’s pleadings constituted an extraordinary motion for new trial, he was required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s denial. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

An order denying an extraordinary motion for a new trial must be appealed by filing an application for discretionary review, and compliance with that procedure is jurisdictional.

Twiggs v. State · filed 2017-11-14(a)(7), (b)

An appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(7) requires a party seeking appellate review of a ruling on an extraordinary motion for new trial to use the discretionary-appeal procedure.

Arthur T. Williams. v. State · filed 2017-12-01(a)(7)

Finally, to the extent that Williams’s motion can be construed as an extraordinary motion for new trial, he was required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s denial. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Subsection (a)(7) requires a discretionary appeal to obtain review of a trial court’s denial of an extraordinary motion for new trial.

Forbes v. State · filed 2017-12-04(a)(7)

Second, to the extent that Forbes’s motion can be construed as an extraordinary motion for new trial, he was required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s denial. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Johnson v. State · filed 2018-02-02(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

An appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review.

Edwards v. State · filed 2018-02-22(a)(7), (b)

An appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(7) and (b) require an appeal from an order denying an extraordinary motion for new trial to be initiated by an application for discretionary review.

Charles Griffin, Jr. v. State · filed 2018-03-15(a)(7), (b)

But an appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997); Davis v. State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987).

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

Langston v. State · filed 2018-04-05(a)(7)

Pursuant to OCGA § 5-6-35 (a) (7), an order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal.

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

Preston v. State · filed 2018-05-11(a)(7)

... Further, an appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure. See OCGA § 5-6- 35 (a) (7); Balkcom v. State, 227 Ga. App. 327 (489 SE2d 129) (1997).

Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

Omari Akeem Foster v. State · filed 2018-06-04(a)(7)

An order denying an extraordinary motion for new trial, however, must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(j) permits a discretionary appeal from the denial of a motion for an out-of-time appeal.

Stewart v. State · filed 2018-06-04(j)

The denial of a motion for an out-of-time appeal is directly appealable. English v. State, 307 Ga. App. 544, 545 n.4 (705 SE2d 667) (2010); see also Wetherington v. State, 296 Ga. 451 (769 SE2d 53) (2015) (addressing merits of direct appeal from denial of motion for out-of-time appeal following guilty plea). Accordingly, this application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j).

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

Mays v. State · filed 2018-06-07(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

Schoolcraft v. State · filed 2018-11-23(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

King v. State · filed 2018-12-19(a)(7)

Under OCGA § 5-6-35 (a) (7), an appeal from the denial of an extraordinary motion for new trial must comply with the discretionary appeal procedure. ... King’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain review of a probation revocation, and subsection (a)(7) requires one to appeal the denial of an extraordinary motion for new trial.

Brogdon v. State · filed 2018-12-19(a)(5), (a)(7)

In order to obtain appellate review, he was thus required to file an application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 340 Ga. App. 101, 102 (796 SE2d 487) (2017). An appeal from the denial of an extraordinary motion for new trial also requires an application for discretionary appeal. OCGA § 5-6-35 (a) (7). See generally Balkcom v. State, 227 Ga. App. 327 (489 SE2d 129) (1997). Brogdon’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal.

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days of the order appealed from, with a timely motion for new trial tolling the deadline until the motion is resolved.

Hooper v. Hooper · filed 2018-12-19(d)

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). ... Here, the trial court entered a final judgment and divorce decree on May 25 and the husband’s timely filing of a motion for new trial tolled the time for filing an application. OCGA § 5-6-35 (d). However, as soon as the court issued its order disposing of the motion for new trial, the 30-day time period to file an application began to run. Id.

Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

Watson v. State · filed 2019-01-08(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7).

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

Harris v. State · filed 2019-02-11(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Williams v. State · filed 2015-07-23(a)(7)

First, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Williams’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider this direct appeal.

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

Steele v. State · filed 2015-09-21(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal.

Section 5-6-35(a)(7) requires an appeal from the denial of an extraordinary motion for new trial to follow the discretionary-appeal procedure, and the statute's requirements are jurisdictional.

Upkins v. State · filed 2019-03-21(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. ... “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)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

Latimore v. State · filed 2019-07-25(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

Rufaro Smith v. State · filed 2020-01-28(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Smart v. State · filed 2020-02-06(a)(7)

Although an extraordinary motion for new trial is not bound by the 30-day time requirement set forth in OCGA § 5-5-40 (a), an appeal from the denial of such motion must comply with the discretionary appeal procedures in OCGA § 5-6-35 (a) (7). See Washington, supra. Smart did not follow those procedures here.

Section 5-6-35 requires an application for a discretionary appeal from the denial of an extraordinary motion for new trial, and its requirements are jurisdictional.

Worthans v. State · filed 2020-11-17(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). Accordingly, Worthans’s failure to file an application for a discretionary appeal deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

An order denying or dismissing an extraordinary motion for new trial must be appealed through an application for discretionary review under section 5-6-35(a)(7) and (b).

Thompson v. State · filed 2021-03-26(a)(7), (b)

An appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review.

An order denying an extraordinary motion for new trial must be appealed by discretionary application under section 5-6-35(a)(7).

Torrey Borders v. State · filed 2021-06-15(a)(7)

An order denying an extraordinary motion for new trial must be appealed by discretionary application.

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application.

Avila-Castellano v. State · filed 2021-12-21(a)(7)

An order denying an extraordinary motion for new trial must be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application.

Johnson v. State · filed 2022-05-23(a)(7)

As an initial matter, an order denying an extraordinary motion for new trial must be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires an order denying or dismissing an extraordinary motion for new trial to be appealed by application for discretionary review.

Jimmy Gooden, Jr. v. State · filed 2022-09-30(a)(7)

An order denying or dismissing an extraordinary motion for new trial must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Ary v. State · filed 2023-10-24(a)(7)

First, OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal from the denial of an extraordinary motion for new trial.

Section 5-6-35(a)(7) requires an appeal from an order denying an extraordinary motion for new trial to be brought by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Bright v. State · filed 2023-10-25(a)(7)

Second, an appeal from an order denying an extraordinary motion for new trial must be made by filing an application for discretionary appeal in this Court. OCGA § 5-6-35 (a) (7); Davis v. State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists, Inc. v. State, 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and punctuation omitted). Bright’s failure to follow the discretionary appeals procedure thus deprives us of jurisdiction.

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

Jackson v. State · filed 2023-11-13(a)(7)

First, OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal from an order denying or dismissing an extraordinary motion for new trial.

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

Williams v. State · filed 2023-12-11(a)(7)

OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal from the denial of an extraordinary motion for new trial. ... “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)(7) and (b) require an application for discretionary review to initiate an appeal from an order denying an extraordinary motion for a new trial.

Hughey v. State · filed 2024-04-29(a)(7), (b)

An appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Hughey’s failure to follow the discretionary review procedure deprives us of jurisdiction over this direct appeal.

Section 5-6-35(a)(7) and (b) require an appeal from an order denying an extraordinary motion for new trial to be initiated by an application for discretionary review.

Thompson v. State · filed 2024-09-16(a)(7), (b)

Second, an appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) and (b) require an appeal from an order denying an extraordinary motion for new trial to be initiated by an application for discretionary review.

Gladmon v. State · filed 2024-10-24(a)(7), (b)

Second, an appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Subsections (a)(7) and (b) require an application for discretionary appeal to initiate an appeal from an order denying an extraordinary motion for new trial.

Nelson v. State · filed 2025-01-28(a)(7), (b)

An appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Gardhigh v. State · filed 2025-02-11(a)(7)

Second, OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal from an order denying or dismissing an extraordinary motion for new trial. Davis v. State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an application for discretionary appeal from an order dismissing an extraordinary motion for new trial.

Hargreaves v. State · filed 2025-02-28(a)(7), (b)

In Case Number A25A1065, Hargreaves seeks to appeal the trial court’s dismissal of his extraordinary motion for new trial, but an appeal from an order dismissing such a motion must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997); see also Davis v. State, 182 Ga. App. 736 (356 SE2d 762) (1987).

Section 5-6-35(a)(7) and (b) requires an appeal from an order disposing of an extraordinary motion for a new trial to be initiated by an application for discretionary review.

Adams v. State · filed 2025-09-11(a)(7), (b)

To the extent that the motion may be construed as an extraordinary motion for a new trial, this direct appeal is subject to dismissal because an appeal from a trial court order disposing of such a motion must be initiated by filing an application for discretionary review.

Subsection (a)(7) requires appeals from the denial or dismissal of an extraordinary motion for new trial to follow the discretionary appeal procedure.

Lawton v. State · filed 2025-10-27(a)(7)

And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Section 5-6-35 (a) (7) and (b) require an appeal from an order dismissing an extraordinary motion for new trial to be initiated by an application for discretionary appeal.

Birdsong v. State · filed 2025-12-04(a)(7), (b)

An appeal from an order dismissing an extraordinary motion for new trial must be initiated by filing an application for discretionary appeal.

Appeals from court decisions reviewing zoning determinations require an application; without one, the appellate court lacks jurisdiction.

Pruitt v. Fulton County · filed 1993-11-12(a)(1)

No application having been filed, we are without jurisdiction to consider this case. Accordingly, the appeal must be dismissed.

Section 5-6-35(a)(1) requires a discretionary appeal when a superior court reviews a local government's zoning decision.

BENTON v. CITY OF PORT WENTWORTH · filed 2023-10-10(a)(1)

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 discretionary appeal procedures for zoning-ordinance challenges, but not a direct appeal from an order declaring a criminal ordinance unconstitutional.

City of Lilburn v. Sanchez · filed 1997-10-06(a)(1)

Because the Sanchezes have not attacked a zoning ordinance, but rather have sought to have a criminal ordinance declared unconstitutional, the trial court's order is directly appealable pursuant to OCGA § 5-6-34, and does not fall under OCGA § 5-6-35(a)(1)'s discretionary appeal requirements.

Section 5-6-35(a)(1)'s discretionary-appeal procedures do not apply to a case involving zoning matters when the appeal is not from a zoning decision.

Southern States-Bartow County, Inc. v. Riverwood Farm Property Owners Association, Inc. · filed 2014-04-03(a)(1)

Although this case concerns zoning matters, it is not an appeal from a zoning decision. Accordingly, the discretionary appeal procedures of OCGA § 5-6-35 (a) (1) do not apply.

Section 5-6-35(a)(1) requires an application for discretionary appeal from a superior court ruling on a zoning decision, including a facial challenge to a zoning ordinance brought through a declaratory judgment action.

Sweet City Landfill, LLC v. Elbert County · filed 2017-03-15(a)(1)

This rule also applies to appeals from a trial court’s ruling on a challenge to the constitutionality of a zoning ordinance on its face. See O. S. Advertising Co. of Ga., Inc. v. Rubin, 267 Ga. 723, 725 (2) (482 SE2d 295) (1997). And the Supreme Court has made clear that OCGA § 5-6-35 (a) (1) applies even when review was sought by way of a declaratory judgment or mandamus action. See Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (2) (728 SE2d 197) (2012). Thus, under existing Georgia Supreme Court precedent, an application for discretionary appeal was required. Accordingly, this direct appeal is DISMISSED.

Section 5-6-35 requires a discretionary appeal for child-support orders reviewed de novo from a local administrative agency or lower court and for domestic-relations cases, and compliance is jurisdictional.

Fitzgerald v. Department of Human Resources · filed 1998-03-11(a)(1), (a)(2)

An appeal from the superior court’s order under OCGA § 19-11-12 (c) (4) modifying the amount of Fitzgerald’s child support obligation must be brought as a discretionary appeal under both OCGA § 5-6-35 (a) (1) (appeals from a local administrative agency and lower courts by de novo review) and OCGA § 5-6-35 (a) (2) (appeals from “divorce, alimony, child custody, and other domestic relations cases”).

Subsection (a)(1) requires a discretionary application for an appeal from a superior court reviewing a lower court's decision via certiorari.

Greig v. Putnam County · filed 1999-03-04(a)(1)

Although appellant Greig’s notice of appeal designates that he is appealing the Putnam County Superior Court’s orders as well as his judgment of conviction and sentences in the Putnam County Magistrate Court, this Court’s jurisdiction is defined by the case sub judice’s posture as an appeal from a superior court reviewing a decision of a lower court via certiorari. Such appeals must be made via discretionary application. OCGA § 5-6-35 (a) (1). Since appellant Greig did not comply with the discretionary appeal procedures prescribed by this Code section, this Court is without jurisdiction to consider this direct appeal. The case sub judice must therefore be dismissed.

Section 5-6-35 identifies the appeals for which a party must file an application for discretionary review rather than taking a direct appeal.

Standard Building Co. v. Schofield Interior Contractors, Inc. · filed 2012-03-29

Pursuant to OCGA § 5-6-34 (a) (1), a party may directly appeal “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” The underlying subject of this appeal is not one of those listed in OCGA § 5-6-35 requiring an application, and the October 19, 2010 order is final because there is nothing pending in the trial court below. Thus, the defendants were not required to file an application for discretionary appeal pursuant to OCGA § 5-6-34 (b).

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

Glass-Francis v. McKeown · filed 2012-06-21(a)(8)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see Conseco Finance Servicing Corp. v. Hill, 252 Ga. App. 774, 780 (7) (556 SE2d 468) (2001). Glass-Francis’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is accordingly DISMISSED.

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

Lasiter v. Jones · filed 2013-04-19(a)(8)

An appeal from an order denying a motion to set aside a default under OCGA § 9-11-60 (d) must be taken by application for discretionary review, see OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006), or by application for interlocutory review, see OCGA § 5-6-34 (b); Attridge v. Maines, 174 Ga. App. 472 (330 SE2d 409) (1985).

Subsection (a) requires the discretionary-appeal procedure for money judgments of $10,000.00 or less, review of a magistrate court judgment by a state court, and appeals from denial of a motion to set aside.

Johnson v. Cach, LLC · filed 2013-05-13(a)(6), (a)(1), and (a)(8)

First, the discretionary appeal procedure is required where a money judgment in an action for damages totals $10,000.00 or less. See OCGA § 5-6-35 (a) (6); Hill v. Rose Electric Co., 220 Ga. App. 603, 604 (469 SE2d 844) (1996). The discretionary appeal procedure also applies when a party seeks review of a state court’s order reviewing the judgment of a magistrate court. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). ... Even if we were to construe Johnson’s motion for reconsideration as a motion to set aside, appeals from the denial of such motions are subject to the discretionary appeals procedure. OCGA § 5-6-35 (a) (8); Cheeley- Towns, supra at 183.

Section 5-6-35 governs discretionary appeals but does not excuse a party appealing an interlocutory order from complying with the additional requirements of the interlocutory-appeal procedure under § 5-6-34(b).

Anderson Anesthesia, Inc. v. Anderson · filed 2014-05-20

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

Surrett v. United Auto Acceptance · filed 2014-09-10(a)(8)

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

Section 5-6-35 requires a discretionary appeal application when the appeal's underlying subject matter falls within the statute's listed categories, including a State Board of Workers’ Compensation decision.

Thomas v. Rollins, Inc. D/B/A Orkin Inc. · filed 2015-08-20

The underlying subject matter generally controls over the relief sought in determining the proper procedure for seeking appellate relief. ... The underlying subject matter of this appeal is a decision of the State Board of Workers’ Compensation. Thus, Thomas was required to file an application for discretionary appeal.

Section 5-6-35 requires a discretionary appeal for an appeal from denial of a motion to set aside a judgment under OCGA § 9-11-60(d) and for an order awarding attorney fees and litigation expenses under OCGA § 9-15-14.

Lilly v. City of Carrollton, Georgia · filed 2015-11-23(a)(8), (a)(10)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (462 SE2d 771) (1995). Similarly, an appeal from an order awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application rather than direct appeal. See OCGA § 5-6-35 (a) (10).

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

Sheppard v. State · filed 2016-01-11(a)(5)

And to the extent that Sheppard wishes to appeal the order modifying his probation, such appeals must be brought by timely application for discretionary appeal.

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days of the order or judgment being appealed and provides for granting review of directly appealable orders through the discretionary-appeal procedure.

Parker v. State · filed 2016-01-11(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 or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582 (420 SE2d 393) (1992).

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

Lemcon USA Corporation v. Icon Technology Consulting, Inc. · filed 2016-02-18(a)(8)

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

Section 5-6-35(a)(5) requires an application for discretionary review to initiate an appeal from the revocation of conditional-discharge probation and adjudication of guilt.

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

First, an appeal from the revocation of conditional-discharge probation and adjudication of guilt under OCGA § 16-13-2 must be initiated by an application for discretionary review under OCGA § 5-6-35 (a) (5).

Subsection (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.

Verlette Green v. Wilmington Savings Fund Society · filed 2016-10-10(a)(1)

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

Section 5-6-35 (a) (11) requires a party seeking review of an order disposing of a de novo appeal from a magistrate court decision to use the discretionary appeal procedure.

Zeigler v. HSBC Bank USA, N. A. · filed 2016-12-07(a)(11)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Zeigler was required to follow the discretionary appeal procedure to obtain review before this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). His failure to do so deprives us of jurisdiction over this direct appeal.

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

Haynes v. Knipscher · filed 2017-01-19(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).

Subsection (a)(11) requires a discretionary application for appeals from state-court orders disposing of de novo appeals from magistrate-court decisions.

Parris v. Thomas Cohen, Administrator for Estate Fronice Price · filed 2017-03-15(a)(11)

We dismissed the appeal for lack of jurisdiction because appeals from state court orders disposing of de novo appeals from magistrate court decisions must be initiated by filing an application for discretionary appeal. ... As we explained in our order dismissing Case No. A17A0541, appeals in these types of cases must come by way of discretionary application. 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 party to seek discretionary review for an appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision and for an order denying a motion to set aside under OCGA § 9-11-60 (d).

Powell v. Eddins · filed 2017-03-15(a)(11), (a)(8)

First, 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 review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Second, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) also must be taken by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-17 (640 SE2d 688) (2006). Powell’s failure to file a discretionary application deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

Bishop v. State · filed 2017-08-22(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Jackson v. State · filed 2017-12-04(a)(5), (b)

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

Section 5-6-35 requires an application for discretionary review for appeals from orders terminating parental rights and for appeals in domestic-relations cases, including legitimation actions.

In the Interst of K. B., a Child (Father) v. State of Georgia · filed 2018-02-14(a)(12), (a)(2)

However, under OCGA § 5-6-35 (a) (12), appeals from orders terminating parental rights must be made by filing an application for discretionary review. See In the Interest of K. R., 285 Ga. 155 (674 SE2d 288) (2009). Likewise, a legitimation action is a domestic relations case, and an appeal in a domestic relations case must also be made by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2); Cloud v. Norwood, 321 Ga. App. 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985).

Section 5-6-35(a)(8) requires an appeal from an order denying a motion to set aside under § 9-11-60(d) to be initiated by an application for discretionary review, but when interlocutory procedures also apply, the applicant must first obtain a timely certificate of immediate review and follow those procedures.

Sparkles of Gwinnett, Inc. v. Hendrix · filed 2018-02-22(a)(8)

Where, as here, both discretionary and interlocutory appeal procedures apply, an applicant must follow the interlocutory appeal procedures and obtain a timely certificate of immediate review from the trial court before filing an application. See Scruggs, 261 Ga. at 588-589 (1); see also OCGA § 5-6-35 (a) (8) (an appeal from an order denying a motion to set aside under § 9-11-60 (d) must be initiated by filing an application for discretionary review).

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

Sicay-Perrow, Knighten & Bohan, P.C. v. Johnson · filed 2018-09-07(a)(8)

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

Section 5-6-35(a)(8) requires an application for discretionary review to appeal an order denying a motion to set aside a judgment under OCGA § 9-11-60(d), and Section 5-6-35(a)(2) requires an application for discretionary appeal in domestic relations cases.

Butler v. Butler · filed 2018-09-07(a)(8), (a)(2)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be made by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Appeals in domestic relations cases must also be taken by application for discretionary appeal as required under OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(8) requires an application for discretionary review to initiate an appeal from an order denying equitable relief under OCGA § 9-11-60(e), and compliance with that procedure is jurisdictional.

F.K. Brown v. Federal Home Loan Mortgage Corporation · filed 2016-05-11(a)(8)

Appeals from trial court orders “under subsection (e) of Code Section 9-11-60 denying relief upon a complaint in equity to set aside a judgment” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (8); Stone v. Dawkins, 192 Ga. App. 126, 126-127 (384 SE2d 225) (1989). Brown’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal. See Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991) (“[C]ompliance with the discretionary appeals procedure is jurisdictional.”).

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

Whitaker v. Beneficial Georgia, Inc. · filed 2019-03-21(a)(8)

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

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

Kathy May Toth v. May · filed 2019-04-11(a)(8)

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

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

Mzekewe v. Wanda Wall Spivey · filed 2020-10-01(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.

Section 5-6-35(a) does not require discretionary review when an order is directly appealable, while subsections (j) and (g) govern granting a timely application and filing the notice of appeal.

Robinson v. Eagle West, LLC · filed 2020-11-20(a), (g), and (j)

No discretionary application is required, however, as the grant of summary judgment on any issue or as to any party may be appealed directly under OCGA § 9-11-56 (h), and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35 (a). ... Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. ... Accordingly, this application is hereby GRANTED. Robinson 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).

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

TROIKA ENTERTAINMENT, LLC v. MENDEZ · filed 2020-12-23(a)(8)

Troika Entertainment was authorized to seek to have the default judgment set aside under OCGA § 9-11-60 (d), but an appeal from an order denying a motion to set aside under this Code section must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

After a discretionary-review petition is granted and a timely appeal is filed, the appeal proceeds like any other appeal.

Brooks v. Vinci C. Brooks · filed 2023-02-06(g)

Here, instead of seeking an interlocutory review, Charles participated in the arbitration and filed a petition for discretionary review once the arbitration award was confirmed. Once his petition was granted and he timely appealed, the procedure in this case was the same as any other appeal. OCGA § 5-6-35 (g).

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

McAlexander v. Sikorski · filed 2023-02-21(a)(8)

First, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

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

Brown v. Spivey Junction Station, LLC · filed 2023-05-31(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Thus, Brown’s failure to comply with the discretionary application procedures set forth in OCGA § 5-6-35 deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires a discretionary appeal application for appeals from superior court decisions reviewing lower-court decisions and for damages actions with judgments of $10,000 or less.

Grady M. Thompson, Jr. v. Jacky Lee · filed 2023-06-13(a)(1), (b), (a)(6)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). Second, appeals in actions for damages in which the judgment is $10,000 or less must be brought by discretionary application. OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998).

Section 5-6-35(a)(8) and (a)(10) require an application for discretionary review for appeals from orders denying motions to set aside and for attorney-fee awards, respectively.

In Re: Estate of Wendy McMillion · filed 2023-08-29(a)(8), (a)(10)

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

Section 5-6-35 requires appeals from the specified state-court orders to be initiated by an application for discretionary review.

Dorsey v. Kim · filed 2024-01-05(a)(11), (a)(8), (b)

As we stated in our order dismissing Dorsey’s prior appeal, 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 review.

Section 5-6-35 requires an application for discretionary review for an appeal from an OCGA § 9-15-14 attorney-fee award and requires that application to be filed in the appellate court within 30 days.

OWEN v. GARRETT · filed 2024-04-10(a)(10), (b), (d)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). ... Compare OCGA § 5-6-35 (d) (an application for discretionary review is filed in the appropriate appellate court), with OCGA § 5-6-37 (a notice of appeal must be filed “with the clerk of the court wherein the case was determined”). ... See OCGA § 5-6-35 (d) (an application for discretionary review must be filed within 30 days of entry of the judgment or court order sought to be appealed).

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

BOYD v. DDCB, INC. · filed 2024-07-17(a)(8)

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

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

WILSON v. CHATTAHOOCHEE RUN COMMUNITY ASSOCIATION, INC · filed 2024-07-18(a)(8)

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

Section 5-6-35(a)(11) requires appeals from state-court decisions reviewing magistrate-court decisions by de novo proceedings to be initiated by an application for discretionary review.

Grimes v. Resicap Georgia Owner II, LLC · filed 2025-03-20(a)(11)

Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings must be initiated by filing an application for discretionary review.

Section 5-6-35 requires an application for discretionary review for appeals from domestic-relations orders that do not substantively decide child custody and for attorney-fee awards under § 9-15-14.

Omowale v. Lavondi Fife · filed 2025-06-26(a)(2), (b), (a)(10), (b)

Where an order entered in a “divorce, alimony, and other domestic relations case[]” does not constitute a substantive ruling on the issue of child custody, appeals from that order must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b).

Section 5-6-35(a)(1) and (b) require an appeal from a superior court decision reviewing a lower court decision to be initiated by an application for discretionary review.

Legena Brown v. Erkins · filed 2025-08-15(a)(1), (b)

To the extent that Brown seeks to appeal the superior court order, appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review.

Section 5-6-35 requires an application for discretionary review for appeals involving damages of $10,000 or less, awards under OCGA § 9-15-14, and state-court review of magistrate-court orders.

James v. Cmc Real Estate Group, LLC · filed 2025-09-15(a)(6), (a)(10), (a)(11), (b)

Moreover, to the extent James seeks to appeal the litigation expenses award, appeals in actions for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Similarly, appeals from awards under OCGA § 9-15-14 and from state courts’ review of magistrate court orders also must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (11), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023).

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

Phipps v. a Betterway Rent-A-Car System, Inc. · filed 2026-01-07(a)(8), (b)

However, an appeal from the denial of an OCGA § 9-11-60(d) motion requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

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

Wrightson v. Karp · filed 2016-12-28(a)(8)

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

An appeal from an attorney-fee award under OCGA § 9-15-14 must use the discretionary appeal procedure, unless it is part of an otherwise directly appealable judgment.

Roberts v. Pearce · filed 1998-04-13(a)(10)

Applying this case law to the instant case, we find that because an award of attorney fees under OCGA § 9-15-14 is subject to the discretionary appeal procedures of OCGA § 5-6-35 (a) (10), the appeal cannot stand on its own merit. Therefore, once the main appeal was dismissed, we no longer had independent jurisdiction of this appeal. As there was no application under OCGA § 5-6-35 (a) (10) for discretionary review, the appeal must be dismissed.

Subsection (a)(10) requires a discretionary appeal for an appeal from an attorney-fee award under OCGA § 9-15-14 unless the award is part of an otherwise directly appealable judgment.

Burns v. Howard · filed 1999-07-01(a)(10)

Appeals from orders awarding attorney fees under [OCGA § 9-15-14] require compliance with the discretionary appeal procedure of OCGA § 5-6-35 (a) (10) unless the award is appealed as part of an otherwise directly appealable judgment.

Subsection (a)(10) requires an application for discretionary appeal when the appeal concerns an award of attorney fees under OCGA § 9-15-14.

Kraft v. Dalton · filed 2001-05-29(a)(10)

As a preliminary matter, we reject Dalton’s contention that this appeal is not properly before this Court. Dalton is correct that OCGA § 5-6-35 (a) (10) requires that an appellant file an application for discretionary appeal for an award of attorney fees pursuant to OCGA § 9-15-14; however, the award in this case was made under OCGA § 13-6-11. Furthermore, a j.n.o.v. constitutes a final order that is directly appealable without application. OCGA § 5-6-34 (a) (1).

Section 5-6-35(a)(10) requires a discretionary application for an appeal of a post-judgment OCGA § 9-15-14 attorney-fee award when no direct appeal is taken from the underlying judgment.

Capricorn Systems, Inc. v. Godavarthy · filed 2002-02-20(a)(10)

Thus, “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. (Cit.)”

Section 5-6-35(a)(10) requires an OCGA § 9-15-14 attorney-fee award to be challenged through an application for discretionary appeal.

Cuyler v. State of Georgia · filed 2012-06-15(a)(10)

We lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary appeal.

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

Major Fortson v. Render C. Freeman · filed 2012-06-29(a)(10)

We note, too, that to the extent the order awarded fees pursuant to OCGA § 9-15-14, such awards must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). Accordingly, for this reason as well, Fortson’s appeal in Case No. A12A1912 is also hereby DISMISSED.

Section 5-6-35(a)(10) requires an award of attorney fees under OCGA § 9-15-14 to be appealed by application for discretionary appeal.

Robert H. Goldsmith (Deceased) v. Peterson · filed 2012-07-18(a)(10)

We lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(10) requires an appeal from an order awarding attorney fees and litigation expenses under OCGA § 9-15-14 to proceed by discretionary application rather than direct appeal.

Gordy v. Gordy · filed 2013-08-02(a)(10)

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

Section 5-6-35(a)(2) and (a)(10) require a trial court order awarding attorney fees in a domestic-relations case to be appealed by discretionary application.

Rita Dawn Woodruff v. Choate · filed 2014-11-19(a)(2) and (a)(10)

The trial court’s subsequent order awarding attorney fees may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (2) & (10); see also Davidson v. Callaway, 274 Ga. 813 (559 SE2d 728) (2002) (appeal of attorney fee award made in domestic relations case must be made by application for discretionary appeal).

Subsection (a)(10) requires a discretionary appeal for an award of attorney fees under OCGA § 9-15-14.

Carl M. Drury, III v. Brock Built, LLC · filed 2014-11-21(a)(10)

However, such awards are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Subsection (a)(10) makes an appeal from an OCGA § 9-15-14 attorney-fee award subject to the discretionary-appeal procedures.

Cornick v. U. S. Bank National Association · filed 2014-12-25(a)(10)

However, such awards are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(10) requires a discretionary appeal for an OCGA § 9-15-14 attorney-fee award; a direct appeal does not confer jurisdiction.

Drury III v. Atlanta Housing Authority · filed 2015-01-07(a)(10)

Carl M. Drury, III, has filed a notice of direct appeal from the trial court’s order holding him liable for OCGA § 9-15-14 attorney fees. However, such awards are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). Drury’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider his appeal.

Subsection (a)(10) requires an appeal from an OCGA § 9-15-14 attorney-fee award to follow the discretionary appeal procedures.

Chan v. Suntrust Mortgage, Inc. · filed 2015-04-10(a)(10)

However, such awards are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). Chan’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider his appeal.

Section 5-6-35(a)(10) requires an attorney-fee award appealed after the main appeal has ended to be challenged by application for discretionary review.

Thomason v. Chestatee Community Association, Inc. · filed 2017-01-19(a)(10)

Rather, such an award must be appealed by application for discretionary review.

Subsection (a)(10) requires an award of attorney fees under OCGA § 9-15-14 to be appealed by application for discretionary review.

Devlin v. Devlin · filed 2017-06-08(a)(10)

We, however, lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). The failure of the grandmother to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider her appeal, which is therefore DISMISSED.

Section 5-6-35(a)(10) requires an appeal from an attorney-fee award of this type to be brought by application for discretionary review.

Newman v. State of Georgia · filed 2017-07-25(a)(10)

We lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary review.

Subsection (a)(10) requires a discretionary appeal for an award of attorney fees under OCGA § 9-15-14.

Yon Joo Nam v. Sung Ho Chung · filed 2017-09-07(a)(10)

Yon Joo Nam has filed a notice of direct appeal from the trial court’s order awarding OCGA § 9-15-14 attorney fees. However, such awards are subject to the discretionary appeal procedures. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). Nam’s failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Subsection (a)(10) requires an application for discretionary review when appealing an award of attorney fees under OCGA § 9-15-14.

Wright v. Njun Holding, LLC · filed 2017-10-20(a)(10)

Such awards, however, must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(6) requires a discretionary-appeal application when an attorney-fee award constitutes damages and is less than $10,000.

Chowdhury v. Atlanta's Dependable Towing, LLC · filed 2018-02-22(a)(6)

However, the $4,020.47 attorney fee award in this case constitutes damages, which are under $10,000, thus triggering the discretionary appeal requirements of OCGA § 5-6-35 (a) (6). ... Chowdhury was required to comply with the discretionary appeal procedure, and his failure to do so deprives this Court of jurisdiction.

Subsection (a)(10) requires an appeal from an OCGA § 9-15-14 attorney-fee award to be brought by application for discretionary review.

Rugby Ipd Corp. v. Glenn Cove Gainesville, LLC · filed 2018-05-11(a)(10)

OCGA § 9-15-14 attorney fees awards must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(10) provides the discretionary-appeal procedure for reviewing an OCGA § 9-15-14 attorney-fee award, but using that procedure does not eliminate the separate interlocutory-appeal requirements when the underlying action remains pending.

Williams v. Solis · filed 2018-05-10(a)(10)

Although Williams 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).

Subsection (a)(10) requires an application for discretionary appeal to challenge an order awarding attorney fees under OCGA § 9-15-14.

Lefft v. Palumbo · filed 2018-09-07(a)(10)

Pursuant to OCGA § 5-6-35 (a) (10), an order awarding attorneys fees under OCGA § 9-15-14 may be appealed only by application for discretionary appeal.

Subsection (a)(10) requires a discretionary application to appeal an attorney-fee award under OCGA § 9-15-14 unless the award is challenged with a timely appeal from a directly appealable judgment.

In the Interest of J. C., a Child (Father) · filed 2017-07-04(a)(10)

His notice of appeal is timely as to the order awarding OCGA § 9-15-14 fees, but such an order must be appealed by discretionary application unless it is challenged in conjunction with a timely appeal from a judgment that is directly appealable. See OCGA § 5-6-35 (a) (10); Cheeley-Towns v. Rapid Group, 212 Ga. App. 183 (2) (441 SE2d 452) (1994).

Subsection (a)(10) requires a discretionary appeal for a post-judgment attorney-fee award under OCGA § 9-15-14 only when no direct appeal has been taken from the underlying judgment.

Stacy K. Recinella F/K/A Stacy Rutter v. Charles W. Rutter, Jr. · filed 2020-07-13(a)(10)

“[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.”

Section 5-6-35 (a) (10) requires an appeal from an attorney-fee award under OCGA § 9-15-14 to begin with an application for discretionary appeal, but interlocutory procedures control when the underlying action remains pending.

Otis N. White, Jr. v. Highwood Park Condominium Association · filed 2020-12-23(a)(10)

Although an appeal from an OCGA § 9-15-14 attorney fee award must be initiated by filing an application for discretionary appeal pursuant to OCGA § 5-6-35 (a) (10), this action remains pending before the trial court and the order White seeks to appeal is a non-final order that did not resolve all issues in this action. As a result, White was required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) to challenge the order.