Ga. Code Ann. § 5-6-35

Section 5-6-35(a)(10) requires a discretionary application to appeal an award or denial of attorney fees or litigation expenses under Code Section 9-15-14.

In THE INTEREST OF G. O., JR. CHILDREN (MOTHER) · filed 2021-09-07(a)(10)

OCGA 5-6-35 (a) (10) requires a discretionary application for “[a]ppeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14.”

Subsection (a)(10) requires a party appealing the denial of attorney fees under OCGA § 9-15-14 to seek a discretionary appeal.

Peachtree Tallulah, LLC v. Snapfinger Properties of Marietta, LLC · filed 2022-08-11(a)(10)

The underlying subject matter of this appeal — the award of attorney fees pursuant to OCGA § 9-15-14 — is listed in OCGA § 5-6-35(a) (10). ... Peachtree Tallulah, therefore, was required to follow the discretionary appeal procedure, and its failure to do so deprives us of jurisdiction.

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

Wood v. Wood · filed 2022-09-28(a)(10)

An order awarding OCGA § 9-15-14 attorney fees also requires an application for discretionary appeal. See OCGA § 5-6-35 (a) (10). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (10) requires appeals from attorney-fee awards under OCGA § 9-15-14 to proceed by application for discretionary appeal.

McLeod v. Bruce · filed 2023-07-12(a)(10)

Appeals of attorney fees awards under OCGA § 9-15-14 must be taken by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2022).

Section 5-6-35 (a) (10) requires a discretionary-appeal application to review an attorney-fee award under OCGA § 9-15-14 when the fee award is the only judgment being appealed.

Benjamin Sinclair Hollberg, Sr. v. Hollberg · filed 2023-09-21(a)(10)

An application for discretionary appeal is required to seek review of an award of attorney fees under OCGA § 9-15-14 when the only judgment being appealed is the fee award. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

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

Moore v. Thomas Gene Hill, Jr. · filed 2023-09-26(a)(10)

Appeals from orders granting attorney fees 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) (10) requires a discretionary appeal application to review an attorney-fee award under OCGA § 9-15-14.

CHANG v. GEEC INVESTMENT, LLC · filed 2023-11-01(a)(10)

Appeals of attorney fees awards under OCGA § 9-15-14 must be made by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 (a) (10) generally requires an appeal from an award of attorney fees under § 9-15-14 to proceed through discretionary-appeal procedures, while subsection (j) provides for granting a timely discretionary application when the order is subject to direct appeal.

Dickinson v. Dickinson · filed 2024-07-22(a)(10), (j)

Generally, OCGA § 5-6-35 (a) (10) requires that an appeal of an award of attorney fees under OCGA § 9-15-14 come via the discretionary appeal procedures. However, “a post-judgment award of attorney fees may be appealed directly without regard to the discretionary appeal procedures where there is a pending appeal taken from the underlying judgment.” Reynolds v. Clark, 322 Ga. App. 788, 789 (746 SE2d 266) (2013); see also Rolleston v. Huie, 198 Ga. App. 49, 51-52 (4) (400 SE2d 349) (1990). Here, there is a pending appeal — Case No. A24A0390 — of the underlying child custody modification order. Therefore, Lisa Dickinson may directly appeal the trial court’s June 3, 2024 order regarding attorney fees without regard to the discretionary appeal procedures. ... We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 generally requires a discretionary appeal to review an award of attorney fees or litigation expenses under OCGA § 9-15-14, but an interlocutory fee award in a still-pending action must be challenged through the interlocutory appeal procedure.

Herrera v. Bragg · filed 2024-08-12(a)(10), (b)

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

Section 5-6-35 (a) (10) requires a party seeking appellate review of an award of attorneys’ fees under § 9-15-14 to use the discretionary-application procedure.

COOK-ROSE v. WAFFLE HOUSE INC. · filed 2024-12-20(a)(10)

A party seeking to appeal a trial court’s order to this Court or the Court of Appeals must follow the procedures laid out in two code sections, OCGA § 5-6-34 and OCGA § 5-6-35. OCGA § 5-6-34 (a) lists the trial court judgments and orders that may be appealed immediately, while subsection (b) provides that for other orders a party must follow the interlocutory appeal procedure to obtain trial court permission to seek appellate review. We have said that even where the judgment or order is subject to an immediate appeal under OCGA § 5-6-34 (a), if the underlying subject matter is listed in OCGA § 5-6-35 (a), a party must follow the discretionary application process. See Grogan v. City of Dawsonville, 305 Ga. 79, 82 (2) (823 SE2d 763) (2019). The order at issue here would be subject to the interlocutory appeal procedure if it was not a final order; but if it was a final order, then a discretionary application was required because an award of fees under § 9-15-14 is listed under OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) generally requires a discretionary application for an appeal from an OCGA § 9-15-14 attorney-fee award, but the statute does not apply to awards under OCGA § 14-11-806 or § 14-2-746, so combined awards under those statutes are directly appealable and a timely discretionary application must be granted.

Huiming Song v. Egps Solutions I, Inc. · filed 2025-08-29(a)(10), (j)

An appeal from an award of OCGA § 9-15-14 attorney fees generally requires a discretionary application. See OCGA § 5-6-35 (a) (10). However, it does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies to awards under OCGA § 14-11-806 or OCGA § 14-2-746. Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[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.” Accordingly, the awards in this case — each made under both § 9-15-14 and § 14-11-806/§ 14-2-746, respectively — are subject to direct appeal. ... We will grant a 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 discretionary review for certain attorney-fee appeals, including awards of $10,000 or less, and requires a timely application filed with the appropriate appellate clerk.

Razavi v. Emily · filed 2025-09-18(a)(6), (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); ... But an award of OCGA § 13-6-11 attorney fees constitutes damages and under OCGA § 5-6-35 (a) (6), the discretionary appeal process is required for appeals in which the judgment is $10,000 or less. ... a discretionary application must be filed with the clerk of the appropriate appellate court within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); ... The requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

When a party appeals the underlying judgment, an award of attorney fees may be appealed directly without following subsection (a)(10)’s discretionary appeal procedures.

Moultrie Insurance Agency, Inc. v. Goodbar · filed 1992-02-19(a)(10)

Since appellant filed an appeal from the underlying judgment, a direct appeal from the award of attorney fees is allowed without ...regard to the discretionary appeal procedures of OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires a discretionary application to appeal an attorney-fee award under § 9-15-14, but permits a direct appeal when the award accompanies a direct appeal from the underlying judgment.

Mitcham v. Blalock · filed 1997-09-22(a)(10)

Although OCGA § 5-6-35 (a) (10) requires that an appeal of an award of attorney fees made pursuant to OCGA § 9-15-14 be preceded by the grant of a discretionary application, a direct appeal is ... permitted “when it is appealed as part of a judgment that is directly appealable.” ... Consequently, we have jurisdiction of Mitcham’s direct appeal from the attorney fee award entered pursuant to OCGA § 9-15-14 five months after the order which forms the basis of Mitcham’s direct appeal in S97A0857.

An award of attorney fees under § 9-15-14 requires a discretionary appeal application unless it is appealed with another directly appealable matter.

Galante v. Medlin · filed 2019-01-08(a)(10), (b)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. ... Although a discretionary application is not required to appeal a § 9-15-14 fee award that is “appealed along with other, directly appealable matters,” no directly appealable matters have been appealed in this case.

Section 5-6-35 does not mandate dismissal when an application for discretionary appeal is filed in the wrong appellate court.

Smith v. Department of Human Resources · filed 1997-05-16

Although OCGA § 5-6-35, dealing with applications for discretionary appeals, does not contain this language, dismissal is not mandated when an application is filed in the wrong appellate court.

Section 5-6-35(d) requires a discretionary appeal application to be filed in an appellate court.

Gable v. State · filed 2011-11-17(d)

Because a discretionary application must be filed only in an appellate court, see OCGA § 5-6-35 (d), a trial court may not grant an extension of the time to file the application pursuant to OCGA § 5-6-39.

Section 5-6-35, read with OCGA § 34-9-105(d), authorizes the Court of Appeals to review a workers’ compensation board decision directly, despite the statute’s references to superior-court review and the 30-day filing period.

Russ v. American Telephone & Telegraph · filed 1997-10-21(a)(1), (d)

Despite the wording of these subsections, this Court has construed that statute and OCGA § 34-9-105 (d) as authorizing it to review board decisions directly.

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

Martin v. Dekalb County School District · filed 2025-08-07(a)(1), (b)

“Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279, 279 (471 SE2d 59) (1996). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 requires an appeal from a superior court’s de novo review of a magistrate-court decision to proceed by discretionary-appeal application rather than by direct appeal.

Dean's Catering v. Sturm & Associates · filed 1998-03-13(a)(1), (b)

Because the appeal to ... this Court is taken from the decision of a superior court reviewing a decision of a magistrate court by a de novo proceeding, the discretionary appeal procedures of OCGA § 5-6-35 were required and this direct appeal must be dismissed.

Subsection (a)(1) requires a discretionary appeal, rather than a direct appeal, when reviewing a de novo appeal from a magistrate court decision in a dispossessory proceeding.

Odolph Wright v. Providence Manor Inc. · filed 2012-06-15(a)(1)

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

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.

Crowder v. Peoplelink · filed 2012-07-18(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 an appellant to use the discretionary-appeal procedure when appealing to the superior court from a magistrate court ruling de novo.

Whitaker v. Brook Glaefke · filed 2012-07-25(a)(1)

When a superior court order involves a de novo appeal from a magistrate court ruling, 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(a)(1) requires a party appealing a superior-court order disposing of a de novo appeal from a magistrate court decision to use discretionary-appeal procedures.

Thomas v. Federal National Mortgage Association · filed 2012-09-18(a)(1)

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

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.

Wood v. Federal National Mortgage Association · filed 2012-10-12(a)(1)

First, 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).

Subsection (a)(1) requires a party appealing a superior-court order disposing of a de novo appeal from a magistrate-court decision to follow the discretionary-appeal procedures.

Shevelev v. US Bank, Na, as Trustee of Castle Peak 2010-1 · filed 2012-10-12(a)(1)

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

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

Anderson v. Secretary of Veteran Affairs · filed 2013-01-04(a)(1)

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

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

Eduardo Delemaria Ety Al v. Citibank, N.A. · filed 2013-02-14(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, the Delamarias were required to follow the discretionary appeal procedures.

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

Brito v. Federal National Mortgage Association · filed 2013-04-02(a)(1)

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

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

Sampson v. Wells Fargo Bank, N.A. · filed 2013-04-10(a)(1)

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

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

Marion Lord Hardy v. Federal Home Loan Mortgage Corporation · filed 2013-04-18(a)(1)

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

Section 5-6-35 (a)(1) requires a party seeking review of an order disposing of a de novo appeal from a magistrate court decision to follow discretionary appeal procedures.

Goia v. Federal National Mortgage Association · filed 2013-04-18(a)(1)

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

Section 5-6-35(a)(1) requires a party appealing a superior-court ruling arising from a de novo appeal from magistrate court to use discretionary-appeal procedures.

Okim v. Federal Home Loan Mortgage Corporation · filed 2013-05-09(a)(1)

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

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

Nnakwe v. Mark Butler, Commissioner of the Georgia Department of Labor · filed 2013-05-10(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 order disposing of a de novo appeal from a magistrate-court decision to use discretionary-appeal procedures.

Andre v. Federal National Mortgage Association · filed 2013-05-22(a)(1)

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

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

Ra-Hashim v. U. S. Bank Trust, N. A. · filed 2015-04-10(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because the Ra-Hashims did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a)(11) requires a discretionary appeal to obtain review of a superior-court order disposing of a de novo appeal from a magistrate court decision.

Mitchell v. a Plus, LLC · filed 2015-07-08(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Mitchell was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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

Gonzalez v. Amli Management Company D/B/A Amli Northpoint Apartments · filed 2016-01-27(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Gonzalez was required to follow the discretionary appeal procedures to obtain further appellate review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a local administrative agency decision to be brought by discretionary-appeal application.

Clayton County Board of Education v. Ukabam · filed 2016-05-19(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 Clayton County Board of Education 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 appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings, including when the certiorari petition is dismissed.

Singleton v. Lincoln Estates Homeowners Association, Inc. · filed 2016-06-15(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.” ... “Such compliance is required even where the superior court dismisses the certiorari petition.”

Section 5-6-35(a)(1) requires a discretionary-appeal application to review by the superior court of a lower-court decision through certiorari or de novo proceedings, even when the superior court grants summary judgment.

Johnson v. Qbe First Insurance Agency, Inc. · filed 2016-07-18(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Such compliance is required even where the superior court grants summary judgment. See Bullock, supra.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a local administrative agency or lower court by certiorari or de novo proceedings.

James v. Yolanda L. Lewis, Court Administrator for Fulton County Superior Court · filed 2017-11-27(a)(1)

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

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

Taylor v. Smith · filed 2018-12-19(a)(1), (b)

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

Section 5-6-35 requires an application for discretionary appeal when a superior court decision reviews a lower court decision by certiorari or de novo proceedings.

WILSON v. ANGELA HAND · filed 2020-07-13(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 requires an application for discretionary appeal when a superior court reviews a lower court decision by certiorari or de novo proceedings.

Strawberry v. Vistaray USA, Inc. · filed 2022-01-24(a)(1), (b)

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

Section 5-6-35 (a) (1) requires an application for discretionary appeal when appealing a superior court decision reviewing a lower court decision by certiorari or de novo proceedings, even if the superior court dismissed the action.

ANDREW W. BELL v. DEKALB COUNTY · filed 2023-03-08(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. ... Such compliance is required even where the superior court dismisses the action.

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

Thi v. Walcott · filed 2023-08-02(a)(1)

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

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.

KAISER v. ADAMS · filed 2024-01-17(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)(1) requires a discretionary appeal when a superior court reviews a magistrate court decision de novo.

TORRES v. DOMINIUM MANAGEMENT · filed 2024-06-13(a)(1)

Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Torres was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Muthoni v. Fr-Mp Trellis, LLC · filed 2025-08-21(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. 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.” ... Because this case involves a petition for superior court review of a magistrate court decision, Muthoni was required to file an application for discretionary appeal. See Bullock, 260 Ga. App. at 875.

A denial of a motion for sanctions is not a final appealable judgment under § 5-6-35(a)(1) or (10); it requires a discretionary-appeal application unless appealed as part of an otherwise directly appealable judgment.

Trammel v. Clayton County Board of Commissioners · filed 2001-07-02(a)(1), (a)(10)

[T]he trial court’s denial of defendant [s’] motion ... is not a final appealable judgment within the meaning of [OCGA § 5-6-35 (a) (1) and (10)]. Rather, that ruling is subject to the . . . application procedures for [discretionary appeal procedure applicable to OCGA § 5-6-35 (a) (10) unless the award is appealed as part of an otherwise directly appealable judgment]. Consequently, since the main appeal . . . must be dismissed in its entirety, and [the] defendant [s] filed no application under [OCGA § 5-6-35 for discretionary appeal] of the denial of its motion ... , we have no independent jurisdiction over the cross-appeal . . . , and the same must be dismissed.

Section 5-6-35(h) makes filing an application for appeal a supersedeas to the extent a notice of appeal is a supersedeas, suspending the trial court’s power to execute or enforce the appealed judgment.

McKenna v. Dupree (In re Dupree) · filed 2002-11-07(h)

According to O.C.G.A. § 5-6-35(h), the filing of an application for appeal acts “as a supersedas to the extent that a notice of appeal acts as supersedas.” O.C.G.A. § 5-6-35(h). A supersedas writ suspends the trial court’s power to execute a judgment that has been appealed. Black’s Law Dictionary 1437 (6th ed.1990). Under Georgia law, the Superior Court had no power to execute or enforce the contempt order against Debtor.

Section 5-6-35(h)'s supersedeas provision applies only to discretionary appeals.

Nelson v. Haugabrook · filed 2006-11-15(h)

OCGA§ 5-6-35 (h) applies only to discretionary appeals.

Section 5-6-35 applications for leave to appeal are granted only when reversible error appears, and denial of the application adjudicates the requested issues on the merits and has res judicata effect.

Phf II Buckhead LLC v. Dinku · filed 2012-03-22

Indeed, applications “for leave to appeal a final judgment in cases subject to appeal under OCGA § 5-6-35 shall be granted only when... [r] eversible error appears to exist. . . ,” ... Thus, in reviewing discretionary applications for appeals, our rules require us to grant the application when the trial court appears to have committed reversible error. ... Consequently, when this Court examines a request for a discretionary appeal, it acts in an error-correcting mode such that a denial of the application is on the merits, and the order denying the application is res judicata with respect to the substance of the requested review.

Section 5-6-35(j) provides the basis for granting a discretionary-review application involving a directly appealable order.

King v. Peeples · filed 2013-09-25(j)

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

After an application for discretionary review is filed, the trial court is divested of jurisdiction to alter its ruling.

Rainey v. Lange · filed 2003-06-04(h)

And, any attempts by the trial court to alter its ruling on Rainey’s motion for new trial following his second application for discretionary review on February 6, 2003, have no effect, because at that time, the trial court had, in fact, been divested of its jurisdiction. See OCGA § 5-6-35 (h).

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 review.

Tuggle v. Hi-Site Holdings, LLC · filed 2019-02-19(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 review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

Section 5-6-35(a)(11) and (b) require 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 review.

Malloy v. Cash · filed 2020-05-04(a)(11), (b)

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), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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

Waller v. Mangum · filed 2022-09-15(a)(1)

First, an appeal from a superior 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) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(h) does not divest a trial court of jurisdiction to rule on a pending motion for new trial when a party files an application for discretionary appeal.

Cooper v. Spotts · filed 2011-03-28(h)

Thus, to the extent Holland holds that the trial court is divested of jurisdiction to rule on a motion for new trial by the filing of a discretionary application, it is disapproved and overruled.

Section 5-6-35(a)(6) generally requires an application to appeal a judgment under $10,000, but no application is required for an appeal from a zero award.

McCormick v. Harris · filed 2002-01-24(a)(6)

Because the judgment for Mrs. McCormick was under $10,000, she normally would have been required to file an application in order to pursue this appeal, pursuant to OCGA § 5-6-35 (a) (6). However, because no application is required for the appeal of a “zero” award, the judgment with respect to Mr. McCormick is directly appealable.

Subsection (a)(6) requires a discretionary appeal when an action for damages results in a money judgment of $10,000.00 or less.

Michael Minor v. American Express Bank Fsb · filed 2012-05-23(a)(6)

However, 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).

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

Smith v. Fia Card Services, N.A. · filed 2012-05-23(a)(6)

Under OCGA § 5-6-35 (a) (6), however, appeals in all actions for damages in which the judgment is $10,000 or less must comply with discretionary appeal procedures.

Section 5-6-35(a)(6) requires the discretionary-appeal procedure when a money judgment in an action for damages totals $10,000.00 or less.

Rogers v. Vinings Central Condominium Association, Inc. · filed 2012-08-23(a)(6)

However, 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).

Section 5-6-35(a)(6) requires a discretionary appeal when a money judgment in an action for damages totals $10,000 or less.

Jordan v. Capital One Bank (Usa), N.A. · filed 2012-08-30(a)(6)

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). Because Jordan failed to follow the required procedure, this Court lacks jurisdiction to consider her appeal.

Section 5-6-35(a)(6) requires the discretionary appeal procedure for a money judgment in an action for damages totaling $10,000.00 or less.

McConnell v. Antoinette Wright · filed 2012-11-01(a)(6)

The discretionary appeal procedure is required where a money judgment in an action for damages totals $10,000.00 or less.

Section 5-6-35(a)(6) requires an application for discretionary appeal when a judgment of $10,000 or less is appealed directly, including a direct appeal from summary judgment.

Dawn Howard v. American Express Centurion Bank · filed 2013-04-23(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required. [Cit.]” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987); see also OCGA § 5-6-35 (a) (6). Inasmuch as the total judgment in favor of American Express is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

Section 5-6-35(a)(6) requires a discretionary appeal application when an action for damages results in a judgment of $10,000 or less.

McClenon v. Avant · filed 2013-04-30(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less shall comply with the discretionary appeals procedure. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

Section 5-6-35(a)(6) requires a discretionary appeal when a money judgment in an action for damages totals $10,000.00 or less.

Jenkins v. Arrow Financial Services, LLC · filed 2013-07-01(a)(6)

First, the discretionary appeal procedure is required where – as here – 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 (469 SE2d 844) (1996).

Section 5-6-35(a)(6) requires a discretionary appeal when a money judgment in an action for damages is $10,000 or less.

Okeke v. Safeco National Insurance Company · filed 2013-09-06(a)(6)

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).

Section 5-6-35 requires an application for discretionary appeal when the judgment is $10,000.00 or less, even when the underlying order would ordinarily be directly appealable.

Johnekins v. Owens · filed 2013-09-10(a)(6) and (b)

Although the grant of a motion to dismiss is ordinarily directly appealable, where the amount of judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992). Because Johnekins failed to follow the proper procedure here, her appeal is ordered DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(6) requires an application for discretionary appeal when a summary-judgment amount is $10,000 or less, so a direct appeal is unavailable.

Cole v. Citibank South Dakota, N. A. · filed 2013-12-17(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required. [Cit.]” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987); see also OCGA § 5-6-35 (a) (6). Inasmuch as the total judgment in favor of Citibank is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

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

Johnson v. Chi-Ukpai · filed 2014-01-08(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less shall comply with the discretionary appeals procedure. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

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

Burrell v. Consumer Portfolio Services · filed 2014-04-03(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less shall comply with the discretionary appeals procedure. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

Section 5-6-35(a)(6) requires the discretionary appeal procedure for a money judgment of $10,000.00 or less in an action for damages.

Laster v. Crook · filed 2014-04-03(a)(6)

The discretionary appeal procedure is required where a money judgment in an action for damages totals $10,000.00 or less.

For an action seeking damages, a judgment of $10,000 or less requires the appellant to use the discretionary-appeal procedure.

Mitchner v. Lewis · filed 2014-04-23(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less shall comply with the discretionary appeals procedure. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

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

Jones v. Brown · filed 2014-04-25(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less shall comply with the discretionary appeals procedure. Because these lawsuits are actions for damages and the judgments entered were less than $10,000, discretionary applications were required under OCGA § 5-6-35.

Section 5-6-35(a)(6) requires a discretionary appeal when a money judgment in an action for damages is $10,000 or less.

Crutchfield v. Lewis · filed 2014-05-16(a)(6)

But under OCGA § 5-6-35 (a) (6), the discretionary appeal procedure is required where – as here – a money judgment in an action for damages totals $10,000 or less.

For actions for damages with a judgment of $10,000 or less, an appeal must follow the discretionary-appeal procedures and requires a discretionary application.

Mbi v. Td Bank USA, Na · filed 2014-09-10(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

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

Stanton v. Riggins · filed 2014-11-19(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

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

Dong Xue Jin D/B/A US Deli v. US Foods, Inc. F/K/A US Foodservice, Inc. · filed 2014-12-04(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required under OCGA § 5-6-35.

Subsection (a)(6) requires an application for discretionary appeal in an action for damages when the judgment is $10,000 or less.

Ologhoejebi v. Anderson · filed 2015-03-20(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, Ologhoejebi was not entitled to a direct appeal, but instead had to file an application for discretionary appeal.

Section 5-6-35(a)(6) requires discretionary-appeal procedures for actions for damages in which the judgment is $10,000 or less.

Wedlowe v. American Express Centurion Bank · filed 2015-04-10(a)(6)

Moreover, under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required.

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

Davis O'Leary Vi, Ltd. v. Jordan, Jones & Goulding Inc. · filed 2015-04-13(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures.

Subsection (a)(6) requires a discretionary appeal for a money judgment in an action for damages totaling $10,000 or less.

Ghezehiei v. Wesley Hall Homeowners Association, Inc. · filed 2015-05-05(a)(6)

First, the discretionary appeal procedure is required where – as here – 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 (469 SE2d 844) (1996).

Section 5-6-35(a)(6) requires appeals in actions for damages involving a judgment of $10,000 or less to follow the discretionary appeal procedures.

Tiara S. Jones v. Automotive Credit Corporation · filed 2015-05-20(a)(6)

Pursuant to OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required.” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987). Because this suit is an action for damages and the judgment entered was less than $10,000, Jones was required to follow the discretionary appeal procedures to obtain appellate review. Because she failed to do so, the appeal is hereby DISMISSED.

Subsection (a)(6) requires discretionary-appeal procedures for actions for damages when the judgment is $10,000 or less.

Johnson v. Law Office of Stanley M. Lefco, P.C. · filed 2015-05-20(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures.

Section 5-6-35(a)(6) requires an application for discretionary appeal when a summary-judgment award is $10,000 or less.

Nelson v. American Express Bank, Fsb · filed 2015-05-28(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required.” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of American Express is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

Subsection (a)(6) requires appeals in actions for damages with a judgment of $10,000.00 or less to comply with the discretionary appeal procedures, including filing a discretionary application.

Schrader v. Sinclair · filed 2015-06-22(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, a discretionary application was required under OCGA § 5-6-35.

Section 5-6-35(a)(6) requires a discretionary appeal for an action for damages involving a money judgment totaling $10,000 or less.

Thomas v. Gwinnett Hospital System, Inc. · filed 2015-06-22(a)(6)

First, the discretionary appeal procedure is required where – as here – 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 (469 SE2d 844) (1996).

Section 5-6-35(a)(6) requires a party to use discretionary-appeal procedures to obtain review of a money judgment in a damages action totaling $10,000 or less.

Reddicks v. East Georgia Regional Medical Center, LLC D/B/A East Georgia Regional Medical Center · filed 2015-11-23(a)(6)

We lack jurisdiction. Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Because Reddicks failed to follow the required procedure, her appeal is hereby DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(6) requires a party seeking appellate review of a money judgment of $10,000.00 or less in a damages action to use the discretionary appeal procedures.

Daniel v. Athens Chevrolet, Inc. · filed 2016-02-18(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, and a counterclaim that is the focus of the appeal may be evaluated independently from the original complaint for that appeal requirement.

The Peachtree Residences Unit Owners' Association, Inc. v. Carter · filed 2016-02-19(a)(6), (b)

Where the amount of judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); ... “A judgment on a counterclaim is subject to [the] discretionary appeal provision, and when it is the focus of the appeal, it may be evaluated independently from the original complaint for the purpose of applicability of OCGA § 5-6-35 (a) (6).”

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

Bergman v. Imports Only, Inc. · filed 2016-06-10(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000.00 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000.00, a discretionary application was required. ... Bergman’s failure to file an application for discretionary appeal deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, even though summary judgment is generally directly appealable.

Smith v. Grande Club Apartments · filed 2016-10-27(a)(6)

Second, Smith has failed to file an application for discretionary appeal as required by OCGA § 5-6-35 (a) (6). “Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required.” (Punctuation omitted.) Ca-Shar v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)). As the total judgment in favor of Grande Club Apartments is less than $10,000.00, the entry of summary judgment provides no basis for a direct appeal in this case. See Ca-Shar, supra at 865-866.

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

Morrison v. Kicklighter · filed 2016-12-07(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures.

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

Parts "R" US v. Gonzalez · filed 2016-12-07(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required.

Subsection (a)(6) requires a discretionary appeal application for an action for damages when the judgment is $10,000 or less.

Bailey v. Davis · filed 2017-02-22(a)(6)

Under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures. Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required.

Section 5-6-35 (a) (6) requires a discretionary application for appeals in actions for damages when the judgment is $10,000.00 or less, but it does not require one for a tax interpleader case.

Mize v. Todd Cowan, as Tax Commissioner for Douglas County · filed 2017-02-22(a)(6)

OCGA § 5-6-35 (a) (6) does provide that a discretionary application is required for “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less.” Although the amount in controversy here was less than $10,000.00, this case is not an “action for damages” within the meaning of OCGA § 5-6-35 (a) (6); it is a tax interpleader case. ... Accordingly, Mize was not required to file a discretionary application under OCGA § 5-6-35 (a) (6).

Subsection (a)(6) requires a discretionary appeal application, rather than a direct appeal, when a summary-judgment award is $10,000 or less.

BRUCE ROSE v. LENNOX INTERNATIONAL, INC. D/B/A HEATCRAFT REFRIGERATION PRODUCTS · filed 2017-02-22(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required.” ... As the total judgment in favor of Lennox International is less than $10,000.00, the entry of summary judgment provides no basis for a direct appeal in this case.

Section 5-6-35(a)(6) requires an application for discretionary appeal when a judgment is $10,000 or less, so a direct appeal from summary judgment is unavailable.

Wilson v. Gateway One Lending & Finance, LLC · filed 2017-05-25(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of the plaintiff is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

Section 5-6-35(a)(6) requires discretionary-appeal procedures for appellate review of a money judgment in an action for damages totaling $10,000.00 or less.

Thomas v. Legacy at Stoney Creek Homeowners Association, Inc. · filed 2017-06-08(a)(6)

Second, where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Thomas’s failure to follow the required procedure deprives us of jurisdiction to consider his appeal.

Section 5-6-35 (a) (6) requires an application for discretionary appeal in an action for damages when the judgment is $10,000 or less, including when the appeal focuses on a fee award entered in that action.

Anderson v. Laureano · filed 2017-09-27(a)(6)

OCGA § 5-6-35 (a) (6) provides that a party must file an application for discretionary appeal to pursue an appeal “in all actions for damages in which the judgment is $10,000.00 or less[.]” The statute “applies to all judgments for $[10,000] or less that arise from an action for damages. Since the suit filed by [Anderson] was an action for damages and since this judgment was entered in that action, we find inescapable the conclusion that OCGA § 5-6-35 (a) (6) is applicable.” Vaughn v. Cable East Point, 185 Ga. App. 203 (363 SE2d 639) (1987) (citation omitted).

Section 5-6-35(a)(6) requires a party seeking appellate review of a damages judgment totaling $10,000 or less to use the discretionary-appeal procedure.

Hedgepeth, Heredia & Rieder, LLC v. Lorenzo · filed 2017-10-11(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). The plaintiff’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal.

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment amount is $10,000 or less, including an otherwise directly appealable summary-judgment ruling.

Allgary v. Discover Bank · filed 2017-10-11(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of the bank is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

For a money judgment in an action for damages totaling $10,000 or less, a party must use the discretionary-appeal procedures to obtain appellate review.

Houston-Handfield v. Second Round Sub, LLC · filed 2017-11-27(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Houston-Handfield’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal.

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

May v. Joyner · filed 2017-12-04(a)(6)

Although final judgments of the Municipal Court of Columbus, Muscogee County are directly appealable as if a judgment from a state or superior court, Ga. L. 1983, p. 4454, § 33 (c), appeals of all actions for damages in which the judgment is $10,000 or less must be by application for discretionary appeal. OCGA § 5-6-35 (a) (6); see also Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). May’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider his appeal. Accordingly, this appeal is hereby DISMISSED.

Section 5-6-35(a)(6) requires a party seeking review of a damages judgment totaling $10,000.00 or less to use the discretionary appeal procedure.

Hinesman v. O'charley's, LLC · filed 2017-12-04(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Hinesman’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal.

Subsection (a)(6) requires a party seeking review of a money judgment in a damages action totaling $10,000.00 or less to use discretionary-appeal procedures.

Nembhard v. Townhomes at Wedgewood Homeowners Association, Inc. · filed 2017-12-04(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6). Nembhard’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal.

Section 5-6-35 requires an appeal in a damages action involving a judgment of $10,000.00 or less to be initiated by an application for discretionary review.

Recheck Funding, LLC v. Lasseter · filed 2017-12-19(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).

Section 5-6-35(a)(6) requires appeals in actions for damages where the judgment is $10,000 or less to be taken by application for discretionary appeal.

UPSHAW v. CARRAWAY GROUP, INC. D/B/A SERVPRO OF COLUMBUS · filed 2018-01-30(a)(6)

Although final judgments of the Municipal Court of Columbus, Muscogee County are directly appealable as if a judgment from a state or superior court, Ga. L. 1983, pp. 4453-4454, § 33 (c), appeals of all actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal. OCGA § 5-6-35 (a) (6); see also Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Upshaw’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider her appeal.

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

Evans v. Arnold · filed 2018-02-07(a)(6)

Although final judgments of the Municipal Court of Columbus, Muscogee County are directly appealable as if a judgment from a state or superior court, Ga. L. 1983, pp. 4453-4454, § 33 (c), appeals of all actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal. OCGA § 5-6-35 (a) (6); see also Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Evans’s failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider his appeal.

Section 5-6-35(a)(6) requires a discretionary application for an appeal from an action for damages when the judgment is $10,000 or less, while subsection (j) permits the court to grant the application when the order is subject to direct appeal.

Moody v. State Farm Mutual Automobile Insurance Company · filed 2018-03-15(a)(6), (j)

The plaintiffs are entitled to a direct appeal. OCGA § 5-6-35 (a) (6) requires discretionary applications for “[a]ppeals in all actions for damages in which the judgment is $10,000 or less[.]”

For an action seeking damages of $10,000.00 or less, an appeal must be initiated by filing an application for discretionary review.

Wright v. Judd · filed 2018-03-15(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.

Section 5-6-35(a)(6) requires a party appealing a damages judgment for less than $10,000 to follow the discretionary-appeal procedures.

Tamaroff v. Ronaldo P. Cupertino, Jr. · filed 2018-05-02(a)(6)

Under OCGA § 5-6-35 (a) (6), appeal from such a judgment for less than $10,000 requires compliance with the discretionary appeal procedures.

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, including a summary judgment order otherwise directly appealable.

Delaney v. Deigert · filed 2018-05-11(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

For an appeal in an action for damages where the judgment is $10,000.00 or less, the appellant must initiate appellate review by filing an application for discretionary review.

EATON v. RONALD WELBORN, A/K/A ROBERT WELBORN, A/K/A RONALD BENNETT WELBORN, JR. · filed 2018-05-11(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). Eaton’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, even when the appeal arises from a grant of summary judgment.

Rodney v. Wells Fargo Bank, N.A. · filed 2018-05-14(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of the bank is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

For a money judgment in an action for damages totaling $10,000 or less, appellate review requires following the discretionary appeal procedures.

Spann v. Westlake Services, LLC · filed 2018-06-04(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review.

Section 5-6-35 (a)(6) requires an application for discretionary appeal when an action for damages produces a judgment from one cent through $10,000, including a judgment in favor of a defendant.

Pathfinder Payment Solutions, Inc. v. Global Payments Direct, Inc. · filed 2018-02-09(a)(6)

And OCGA § 5-6-35 (a) (6) encompasses appeals in “all actions for damages in which the judgment is $10,000.00 or less,” requiring that such appeals be by application. Indeed, our Supreme Court has recognized that, for purposes of OCGA § 5-6-35, “judgment” relates “to the final result of an action for damages.” And this Court has previously concluded that an award of OCGA § 9-11-37 attorney fees as a discovery sanction is a “judgment” for purposes of OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, so such a summary judgment cannot be directly appealed.

Bryant v. Atlantic 17th Residential Condominium Association, Inc. · filed 2018-07-19(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required.” Ca-Shar v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (citing OCGA § 5-6-35 (a) (6)) (punctuation omitted). As the total judgment in favor of Atlantic is less than $10,000.00, the entry of summary judgment provides no basis for a direct appeal in this case.

Section 5-6-35(a)(6) requires a discretionary appeal when the judgment is $10,000 or less.

Worley v. Apalachee Farms Homeowners Association, Inc. · filed 2018-12-19(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” ... “As the total judgment in favor of Apalachee Farms Homeowners Association is less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.”

Section 5-6-35(a)(6) requires an application for appeals in actions for damages when the judgment is $10,000.00 or less, but does not require an application for an action on a lien.

ALLSTATE FIRE & CASUALTY INSURANCE COMPANY v. KENNESTONE HOSPITAL, INC. D/B/A/ WELLSTAR KENNESTONE HOSPITAL · filed 2019-01-08(a)(6)

We note at the outset that we have jurisdiction over this direct appeal, even thought the amount in dispute is less than $10,000. The requirement that “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less” be taken by application, OCGA § 5-6-35 (a) (6), is not applicable. An action on a lien is not an action for damages, so even if the amount of an award is less than $10,000, an appellant is not required to pursue a discretionary appeal.

Section 5-6-35(a)(6) and (b) require an application for discretionary appeal when the judgment amount is $10,000 or less, even though a summary-judgment order is generally directly appealable.

Broderick A. Waters v. Cdl Training Services of Missouri Mtc 1 · filed 2013-09-13(a)(6) and (b)

Although the grant of a motion for summary judgment usually is directly appealable, where the amount of the judgment is $10,000.00 or less, an application for discretionary appeal is required. OCGA § 5-6-35 (a) (6) and (b); Ca-Shar v. McKesson Corp., 204 Ga. App. 865 (420 SE2d 810) (1992).

Section 5-6-35(a)(6) requires an application for discretionary appeal when a summary-judgment case involves a judgment of $10,000 or less.

Frederick v. Corporate America Family Credit Union · filed 2013-09-13(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required. ... Inasmuch as the total judgment in favor of Corporate America Family Credit Union is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.”

Appeals in damages actions with a judgment of $10,000 or less must be initiated by an application for discretionary review.

Economy Properties, LLC v. Tamela L. McRae D/B/A Mazel's Restaurants, LLC · filed 2017-02-07(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).

Section 5-6-35(a)(6) requires an application for discretionary appeal when a summary-judgment award is $10,000 or less.

Hollimon v. Sawgrass Estates Neighborhood Association, Inc. · filed 2019-03-21(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.”

Section 5-6-35(a)(6) requires a party seeking appellate review of a money judgment totaling $10,000.00 or less to use the discretionary-appeal procedure.

Dewar v. Cach, LLC N.A · filed 2019-03-21(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (6).

Section 5-6-35 requires an application for discretionary review when an appeal in a damages action concerns a judgment of $10,000.00 or less.

Griffin v. Ortiz · filed 2019-04-11(a)(6), (b)

As a general rule, a right of direct appeal lies from a final judgment; that is, where the case is no longer pending below. See OCGA § 5-6-34 (a) (1). However, 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, 357 (509 SE2d 655) (1998). Because this suit is an action for damages and the total judgment entered was less than $10,000, a discretionary application was required here. See Jennings, 235 Ga. App. at 357; see also City of Brunswick v. Todd, 255 Ga. 448, 448 (339 SE2d 589) (1986).

Section 5-6-35 (a)(6) requires a party seeking appellate review of a money judgment totaling $10,000.00 or less in a damages action to use the discretionary appeal procedure.

Wreford v. Davis · filed 2019-05-22(a)(6)

Where a money judgment in an action for damages totals $10,000.00 or less, a party must follow the discretionary appeal procedure to obtain appellate review. See OCGA § 5-6-35 (a) (6). Wreford’s failure to follow the required procedure deprives us of jurisdiction to consider this appeal.

When the judgment is $10,000 or less, an application for discretionary appeal is required instead of a direct appeal.

Ricky Smith v. Auto Owner's Insurance Company · filed 2019-12-24(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is [$10,000] or less, an application for discretionary appeal is required.” Lightwerk Studios v. Door Units of Ga., 184 Ga. App. 148, 149 (361 SE2d 32) (1987); see OCGA § 5-6-35 (a) (6).

Section 5-6-35 treats a discovery-sanction attorney-fee award of $10,000 or less as a judgment ordinarily requiring discretionary review, but a discretionary application is unnecessary when the order is appealed with another order appealable by notice of appeal.

Chan Hunt v. Dorothy Hunt Callahan · filed 2020-01-28(a)(6), (b)

However, 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 (509 SE2d 655) (1998). We have “previously concluded that an award of OCGA § 9-11-37 attorney fees as a discovery sanction is a ‘judgment’ for purposes of OCGA § 5-6-35 (a) (6).” Pathfinder Payment Solutions v. Global Payments Direct, 344 Ga. App. 490, 491 (810 SE2d 653) (2018). And the amount of the judgment entered in this case is $3,000, below the threshold for a direct appeal established by OCGA § 5-6-35 (a) (6). ... “[W]here an order would require a discretionary application to be appealed, such an application is unnecessary when the order is appealed with another order that may be appealed by a notice of appeal.” Grogan v. City of Dawsonville, 305 Ga. 79, 84 (823 SE2d 763) (2019). Accordingly, the heirs were not required to apply for a discretionary appeal and we have jurisdiction over the direct appeal.

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

Taylor v. Daum · filed 2020-02-06(a)(6), (b)

However, appeals in actions for damages in which the judgment is $10,000.00 or less require compliance with the discretionary appeal statute. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Because the judgment entered was less than $10,000, Taylor was required to file a discretionary application in order to appeal.

Section 5-6-35(a)(6) requires an application for discretionary appeal when a judgment is $10,000 or less, even though summary-judgment orders are generally directly appealable.

Granger v. Argos USA, LLC · filed 2020-05-04(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6). As the total judgment in favor of Argos is less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

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

Saulny v. Chadwick J. Fortune · filed 2020-05-22(a)(6)

However, that general rule does not apply where the underlying judgment for which a new trial is sought falls within OCGA § 5-6-35 (a) (6), which provides that a party must file an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less.”

For a judgment of $10,000 or less, a party must obtain permission through the discretionary-appeal procedure before taking a direct appeal.

NETSOFT PROPERTIES, LLC v. BRAND-VAUGHAN LUMBER COMPANY, INC. · filed 2020-10-01(a)(6), (b)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” ... “As the total judgment in favor of the plaintiff is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.”

Section 5-6-35 (a)(6) and (b) require an application for discretionary appeal when the judgment is $10,000 or less.

PETIT v. TIDEWATER CREDIT SERVICES, LLC · filed 2020-10-21(a)(6), (b)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992) (punctuation omitted); see also OCGA § 5-6-35 (a) (6), (b). As the total judgment in favor of the plaintiff is for less than $10,000, the entry of summary judgment provides no basis for a direct appeal in this case.

Section 5-6-35(a)(6) and (b) require a discretionary appeal application for an action for damages when the judgment is $10,000 or less.

Bolden v. Su-Taxi Cab, Inc. · filed 2020-10-30(a)(6), (b)

Appeals in actions for damages in which the judgment is $10,000.00 or less require compliance with the discretionary appeal statute. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). Because the judgment entered was less than $10,000, Bolden was required to file a discretionary application in order to appeal.

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

Pfister v. Barton · filed 2021-10-15(a)(6)

Appeals of all actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal.

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

Holt v. Calvary Spv I, LLC · filed 2021-12-06(a)(6)

Appeals of all actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998).

Section 5-6-35(a)(6) requires appeals in damages actions involving judgments of $10,000 or less to proceed by application for discretionary appeal.

Dean v. Jackson · filed 2022-01-18(a)(6)

Appeals in actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal.

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

Gregory Andrew Hobbs, Sr. v. City of Thomasville · filed 2022-05-06(a)(6)

Appeals in actions for damages in which the judgment is $10,000.00 or less must be by application for discretionary appeal.

Section 5-6-35(a)(6) requires a party appealing a damages award of less than $10,000 to file an application for a discretionary appeal.

Stoner-Gay v. Credit Corp Solutions, Inc. as Asignee of Ge Capital Retail Bank · filed 2023-05-12(a)(6)

A party seeking to appeal an award of damages in an amount less than $10,000 must file an application for a discretionary appeal.

Section 5-6-35 (a)(6) requires a discretionary appeal when the judgment amount is $10,000 or less, even when the appeal otherwise concerns a summary judgment.

Amber Edwards v. Brown · filed 2023-06-08(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.”

Subsection (a)(6) requires a discretionary application for appeals in damages actions where the judgment is $10,000 or less.

ADENIRAN v. DALE JONES · filed 2023-08-01(a)(6)

Appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application.

Subsection (a)(6) requires an application for discretionary appeal in an action for damages when the judgment is $10,000.00 or less.

Jordan-Philadelphia v. American Express National Bank · filed 2023-08-29(a)(6)

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

Subsection (a)(6), together with subsection (b), requires a discretionary application for appeals in damages actions where the judgment is $10,000 or less.

MOORE v. WALDEN PARK COMMUNITY ASSOCIATION, INC. · filed 2023-10-17(a)(6), (b)

Second, appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application.

Subsection (a)(6) requires a discretionary appeal application for an action for damages when the judgment is $10,000 or less.

Blair v. Jpmorgan Chase Bank, N.A. · filed 2023-11-30(a)(6)

Appeals in all actions for damages in which the judgment is $10,000.00 or less shall comply with the discretionary appeals procedure. OCGA § 5-6-35 (a) (6). Because this suit is an action for damages and the judgment entered was less than $10,000, a discretionary application was required.

Subsection (a)(6) requires use of the discretionary appeal procedures for actions for damages when the judgment is $10,000.00 or less.

Howard v. Sn Interior Finish, LLC · filed 2024-02-16(a)(6)

Under OCGA § 5-6-35 (a) (6), the discretionary appeal procedures apply to “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less.”

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

BAHR v. MUGHELLI · filed 2024-04-29(a)(6)

Under OCGA § 5-6-35 (a) (6), “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less” must be brought by application for discretionary appeal. ... “Compliance with the discretionary appeals procedure is jurisdictional.” ... Here, because the judgment amount does not exceed $10,000, Bahr was required to follow the discretionary appeal procedure. ... His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.