Ga. Code Ann. § 5-6-35

Section 5-6-35(a)(1) requires discretionary-appeal procedures for review of superior-court decisions reviewing state or local administrative-agency decisions, while subsection (j) ordinarily permits a timely application when the order is directly appealable.

Noble Parking, Inc. v. Centergy One Associates, LLC · filed 2013-05-30(a)(1), (j)

Although this appeal is related to an administrative appeal, Noble does not seek review of the superior court’s ruling in that appeal. Accordingly, this appeal does not fall within OCGA § 5-6-35 (a) (1), which provides that parties seeking appellate review of “decisions of the superior courts reviewing decisions . . . state and local administrative agencies” must follow the discretionary appeal procedures. Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal.

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

Bankston v. Res-Ga Oxford, LLC · filed 2013-06-18(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Bankston 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).

Subsection (a)(1) requires appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be brought by application for discretionary appeal.

Salaices v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2013-07-11(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.

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

Brokenbrough v. Wells Fargo Bank, N. A. · filed 2013-07-24(a)(1)

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

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

Lashunda O. Foster v. Georgia Dept. of Labor · filed 2013-09-05(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 discretionary-appeal application for an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Yeboah v. the Bank of New York Mellon · filed 2013-09-05(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); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Because Yeboah did not follow the proper procedure for requesting discretionary review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

Harris v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2013-09-10(a)(1)

However, OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

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

Crawford v. U. S. Bank, N. A. · filed 2013-09-13(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.”

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.

Williams v. Fulton County Board of Education · filed 2013-09-13(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 Williams failed to follow the discretionary appeal procedure as required, this application is ordered DISMISSED for lack of jurisdiction.

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.

Stewart v. Suntrust Mortgage, Inc. · filed 2013-10-04(a)(1)

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

Subsection (a)(1) requires a discretionary appeal from a superior-court order resolving a de novo appeal from a magistrate-court decision.

Tyrone Trigger v. 1h2 Property Georgia Lp · filed 2013-12-03(a)(1)

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

Section 5-6-35(a)(1) requires appeals from superior-court orders reviewing state administrative-agency decisions to be brought by timely application for discretionary review.

Dupree v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2013-12-05(a)(1)

OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

Section 5-6-35(a)(11) requires a discretionary appeal when the order appealed from disposes of a de novo appeal from a magistrate-court decision.

Jurden v. HSBC Mortgage Corporation · filed 2014-01-13(a)(11)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Jurden was required to follow the discretionary appeal procedure.

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

Bailey v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2014-01-13(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 appeal from a superior-court order resolving a de novo appeal from a magistrate-court decision to use discretionary-appeal procedures.

Johnson v. Pacificpoint Realty, LLC · filed 2014-02-04(a)(1)

First, because the order at issue concerns a de novo appeal from a magistrate court decision, Johnson 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.

Holoman v. Michael L. Thurmond, Commissioner of Georgia Department of Labor · filed 2014-02-10(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)(11) requires a party seeking review of a state-court order disposing of a de novo appeal from a magistrate court decision to use the discretionary appeal procedures.

Stephens v. Flint, Connolly & Walker, LLP · filed 2014-02-18(a)(11)

Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Stephens 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)(1) requires a party appealing a superior-court order disposing of a de novo appeal from a magistrate court decision to use the discretionary-appeal procedures.

Lowe v. Citimortgage, Inc. · filed 2014-03-03(a)(1)

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

An appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings must be brought by application for discretionary appeal.

Ruby Patrick v. Tkac · filed 2014-03-12(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 Patrick did not follow the proper procedure for requesting discretionary review in this case, we lack 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.

Pinkston v. Georgia Department of Labor · filed 2014-03-13(a)(1)

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

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

Mize v. Georgia Department of Labor · filed 2014-03-17(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 challenging a state court order arising from a de novo appeal from a magistrate court decision to use the discretionary appeal procedure.

Davis v. Jaffe · filed 2014-04-04(a)(1)

First, when a state court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (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.

Sandra Lee Scott Wallace v. Habitat for Humanity Troup County, Inc. · filed 2014-04-22(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Because Wallace did not follow the proper procedure for requesting discretionary review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

Smith v. Sopsn Trust · filed 2014-04-24(a)(1)

Because the order at issue concerns a de novo appeal from a magistrate court decision, Smith was required to follow the discretionary appeal procedures.

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

Christian v. Citimortgage, Inc. · filed 2014-05-16(a)(1)

Because the order at issue concerns a de novo appeal from a magistrate court decision, Christian was required to follow the discretionary appeal procedures.

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

Hollis v. Federal Home Loan Mortgage Corporation · filed 2014-06-05(a)(1)

Because the order at issue concerns a de novo appeal from a magistrate court decision, Hollis 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 application when the superior court reviews a state or local administrative agency decision, including an administrative ruling underlying a mandamus petition.

Selke v. Carson · filed 2014-06-16(a)(1)

However, OCGA § 5-6-35 (a) (1) requires an appellant to file an application for a discretionary appeal from a decision of a superior court reviewing the decision of a state or local administrative agency. Thus, if the underlying subject matter of a mandamus petition concerns an administrative ruling which is reviewed by a superior court, a direct appeal will not lie.

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

Williamson v. Atlanta Independent School System · filed 2014-06-24(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).

Section 5-6-35(a)(1) requires a discretionary appeal when the underlying issue involves a superior court’s de novo review of a magistrate court ruling.

Saulsberry v. US Bank National Association · filed 2014-07-31(a)(1)

First, because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, Saulsberry was required to follow the discretionary appeal procedures.

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.

McDaniels v. Dillards Distr Ctr. · filed 2014-09-10(a)(1)

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

Subsection (a)(11) requires discretionary appeal procedures for an appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision.

Wpg Interiors & Exteriors, Inc. v. McBride, LLC · filed 2014-09-18(a)(11)

Because the order to be appealed disposes of a de novo appeal from a magistrate court decision, WPG was required to follow discretionary appeal procedures. 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)(1) requires a discretionary application to appeal a superior court decision reviewing a state or local administrative agency decision.

Reservation Services Group, LLC v. State of Georgia Ex Rel. John D. Sours, Administrator of the Fair Business Practices · filed 2014-09-22(a)(1)

That Code section requires a discretionary application in “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies.”

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

Isaola v. Habitat for Humanity of Dalton-Whitfield & Murray, Inc. · filed 2014-10-09(a)(1)

Moreover, the superior court’s order disposed of a de novo appeal from a magistrate court decision. Therefore, Isaola was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

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

Saripalli v. Everbank · filed 2014-10-09(a)(1)

Because the order at issue concerns a de novo appeal from a magistrate court decision, Saripalli 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)(11) requires a discretionary appeal to obtain review of an order disposing of a de novo appeal from a magistrate court decision.

Malone v. MacKzo · filed 2014-10-17(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Malone 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)(1) requires an application for discretionary appeal when the superior court reviews a lower court's decision by certiorari or de novo proceedings.

Cruz v. Federal National Mortgage Association · filed 2014-11-19(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 Cruz 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)(1) requires an appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceeding to be brought by application for discretionary appeal.

Giles v. Giles · filed 2014-12-12(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.”

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

Marilyn v. Gee v. Federal National Mortgage Association · filed 2014-12-25(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 Gee 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)(1) requires a discretionary-appeal application when the superior court reviews a lower court's decision by certiorari or de novo proceedings.

Teon Brown v. Federal National Mortgage Association · filed 2015-01-13(a)(1)

First, “appeals 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 Brown did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this direct appeal.

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 follow the discretionary-appeal procedure.

Thomas Warren Enterprises, Inc. v. Sunset Hill Stoneware, LLC · filed 2015-01-14(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Thomas Warren Enterprises was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Sampson v. Everbank · filed 2015-02-05(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 Sampson 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 requires a party appealing a superior-court decision reviewing a lower-court decision to file an application for discretionary appeal in the appropriate appellate court.

Hayes v. Dansby · filed 2015-02-05(a)(1)

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

Section 5-6-35(a)(1) requires an application for discretionary appeal to challenge a superior court decision reviewing a lower court by certiorari or de novo proceedings, even when the superior court dismisses the certiorari petition.

Richards v. the Hon. Glen Ashman, Municipal Judge for the City of East Point · filed 2015-02-05(a)(1)

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

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

Johnson v. Wells Fargo Bank, N. A. A/K/A Wells Fargo Dealer Servcies · filed 2015-02-05(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 Johnson 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)(1) requires an appellant seeking review of a superior court order on a de novo appeal from a magistrate court decision to use the discretionary-appeal procedure.

Morgan v. Ih2 Property Georgia, L. P. · filed 2015-02-05(a)(1)

When a superior court order involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

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

Askia v. Deutsche Bank National Trust Company · filed 2015-02-05(a)(1)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Askia 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 local administrative agency decision by certiorari or de novo proceedings to file a discretionary appeal application.

Houston County v. Becham · filed 2015-02-05(a)(1)

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

Subsection (a)(11) requires a party seeking review of a state-court order disposing of a de novo appeal from a magistrate court decision to use discretionary-appeal procedures.

Walker v. Acceptance Rental Inc. · filed 2015-02-18(a)(11)

Because the state court order that Walker wishes to appeal disposes of a de novo appeal from a magistrate court decision, Walker was required to follow the discretionary appeal procedures to obtain review before this Court.

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

Arlanda Arnay Smith v. Mark Butler, Commissioner of the Georgia Department of Labor · filed 2015-02-18(a)(1)

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

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

Ross v. Federal Home Loan Mortgage Corporation · 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 Ross 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)(1) requires a discretionary-appeal application for review of a superior court decision reviewing a lower court by certiorari, even when the superior court dismissed the certiorari petition.

Wilder v. Owb Reo, LLC · 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). This provision applies even where the superior court dismisses the certiorari petition.

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

Raney v. Bank of America Home Loans · 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).

Section 5-6-35(a)(1) requires an appellant seeking review of a superior-court order reviewing a magistrate-court decision to use the discretionary-appeal procedure.

Thornton v. 3485 Willowbrook, LLC · filed 2015-05-20(a)(1)

First, when a superior court order involves review of a magistrate court decision, an appellant must follow the discretionary appeal procedure to obtain appellate review before this Court. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Accordingly, Thornton’s notice of direct appeal does not give rise to a valid appeal.

A party appealing a superior court decision reviewing a state agency ruling must use the discretionary appeal procedure.

Dawson v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2015-07-23(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)(11) requires a party seeking review of a superior-court decision disposing of a de novo appeal from a magistrate court decision to use the discretionary-appeal procedure.

Cardwell-Brown v. National Era Servicing LLC · filed 2015-07-23(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Cardwell-Brown was required to follow the discretionary appeal procedures to obtain review before this Court. 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(a)(1) requires an appeal from a superior-court order reviewing a state administrative-agency decision to be brought by timely application for discretionary review.

Schwarz v. Georgia Medical Board · filed 2015-07-23(a)(1)

However, OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

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

Guilford v. Fairfield Clairmont, LLC D/B/A 2924 Clairmont Apartments · filed 2015-08-05(a)(1)

First, “appeals 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 Guilford did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be brought by application for discretionary appeal.

Terry v. Stephens · filed 2015-08-10(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) (punctuation and citation omitted); see also OCGA § 5-6-35 (a) (1). Because the Terrys did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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

Spooner v. Wells Fargo Bank, N.A. · filed 2015-08-10(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.”

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.

Keya Martin v. Franklin American Mortgage Company · filed 2015-08-12(a)(1)

First, “appeals 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 and citation omitted); see also OCGA § 5-6-35 (a) (1). Because Martin did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

Section 5-6-35(a)(1) requires a timely application for discretionary review when appealing a superior-court order reviewing a state administrative agency decision.

Harris v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2015-09-07(a)(1)

OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

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

Spooner v. Wells Fargo Bank N. A. · filed 2015-09-21(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.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). As referenced above, we dismissed Spooner’s application for discretionary review of the order at issue, and he is not entitled to a direct appeal of the same order. Accordingly, his appeal is hereby DISMISSED for lack of jurisdiction.

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

Harper v. Kerry Hart · filed 2015-11-23(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).

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

Redding v. Bursaw Realty Inc. · filed 2015-12-11(a)(11)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Redding was required to follow the discretionary appeal procedures to obtain review before this Court. 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(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.

Turner v. Wri Property Management, LLC · filed 2015-12-15(a)(1)

First, to the extent that Turner seeks to appeal the order granting a writ of possession to the plaintiff, she was required to do so by application for discretionary appeal. See Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (“[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.” (punctuation omitted)); see also OCGA § 5-6-35 (a) (1).

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

Kings Foot Massage Parlor v. City of Doraville · filed 2016-01-11(a)(1)

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

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.

Somerset v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2016-01-11(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 seeking review of a superior court decision on certiorari review of a magistrate court decision to use the discretionary appeal procedure.

De Souza v. Federal National Mortgage Association · filed 2016-01-25(a)(1)

First, because De Souza seeks to appeal a superior court order on certiorari review of a magistrate court decision, she was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (“[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.” (punctuation omitted)).

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

Kiner v. Citimortgage · filed 2016-01-25(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Kiner 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).

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

Huskey v. Prime Funding Inc. · filed 2016-01-25(a)(1)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Huskey 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.

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

Jackson v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2016-01-28(a)(1)

Under OCGA § 5-6-35 (a) (1), however, appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by application for discretionary review. See Dunlap v. City of Atlanta, 272 Ga. 523, 524 (531 SE2d 702) (2000). Because Jackson failed to file an application for discretionary review, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior-court decision reviewing a local administrative agency decision, even when the action was filed directly as a declaratory or other action.

McCamy Properties, LLC v. Cobb County, Georgia · filed 2016-03-11(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . state and local administrative agencies . . . by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. ... This statute also applies when plaintiffs file a direct action in superior court if the substance of that action pertains to judicial review of a zoning decision. ... But whether or not approval of the permit application was a “zoning” decision, it clearly was a decision of a “local administrative agency” within the meaning of OCGA § 5-6-35 (a) (1). Accordingly, an application for discretionary appeal was necessary, no application was filed, and we lack jurisdiction over this appeal.

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

Gresham v. Selene Finance · filed 2016-04-04(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Gresham was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Gresham’s failure to follow this procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Boyd v. Federal National Mortgage Association · filed 2016-04-25(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 Boyd 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)(1) requires appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be brought by application for discretionary appeal.

Murrah v. Southcrest Bank F/K/A First National Bank of Polk County · filed 2016-04-25(a)(1)

First, "appeals 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).

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

Townsend v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2016-04-25(a)(1)

OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by application for discretionary review.

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.

Freda Beatrice Weeks Eaton v. Deutsche Bank Trust Company Americas · filed 2016-05-11(a)(1)

Second, to the extent Freda Weeks seeks to appeal the court’s orders in the magistrate appeal, her failure to file an application for discretionary appeal deprives us of jurisdiction. Under OCGA § 5-6-35 (a) (1), “appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.”

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 follow the discretionary appeal procedures.

Garcia v. Cah 2014-1 Borrower LLC · filed 2016-05-11(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Garcia 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). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

McPhail v. City of Avondale, Georgia · filed 2016-05-18(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). Such compliance is required even where the superior court dismisses the action. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984).

Section 5-6-35(a)(1) requires a discretionary-appeal application when a party appeals to superior court from a lower-court decision reviewed by certiorari or de novo proceedings, but not when a case is transferred under Rule 19.1(I).

COOK PECAN COMPANY, INC. v. McDANIEL · filed 2016-05-24(a)(1)

OCGA § 5-6-35(a)(1) requires a party to file an application for a discretionary review in order to “appeal[] from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings.” The plain text of the statute shows that the discretionary application process is implicated when there is an appeal to the superior court. A transfer under Rule 19.1(I) is not an appeal to the superior court.

Subsection (a)(1) requires a discretionary appeal from a superior court order disposing of a de novo appeal from a magistrate court decision.

Castillo v. Chavez · filed 2016-06-10(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Castillo was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

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

DE LA ROSA v. FRADY · filed 2016-06-10(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, the De La Rosas were required to follow the discretionary appeal procedures to obtain review before this Court. 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(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.

Arlanda Smith v. City of McDonough · filed 2016-06-15(a)(1)

First, under OCGA § 5-6-35 (a) (1), "[a]ppeals from the decisions of . . . lower courts by certiorari or de novo proceedings" must be made by filing an application for discretionary appeal in this Court.

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceeding.

Bennett v. Najarian Capital, LLC · filed 2016-06-27(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.” ... Bennett’s failure to follow the proper appellate procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Dobson v. Sinclair Oconee Realty, 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.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1).1 The defendants’ failure to follow the proper appellate procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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.

Bailey v. Federal National Mortgage Association · 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.”

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.

Helm v. Fulco Properties, LLC · filed 2016-07-27(a)(1)

“appeals 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 Helm did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.”

Section 5-6-35(a)(1) requires a party appealing a superior court decision reviewing a lower-court decision by certiorari or de novo proceeding to seek discretionary appellate review.

Verlette Green v. Wilmington Savings Fund Society · filed 2016-08-25(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). 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)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Kilby v. the Roberts Law Firm, P.C. · filed 2016-08-25(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). Kilby’s failure to follow the proper appellate procedure 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 lower-court decision by certiorari or de novo proceedings to be pursued by application for discretionary appeal.

Livingston v. the Bank of New York Mellon · filed 2016-08-25(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). Because Livingston did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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

Rowe v. Novin Construction, LLC · filed 2016-08-25(a)(1)

Second, “appeals 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) requires an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings to be taken by application for discretionary appeal.

QAZZAFI BUTT v. TAJ ONLINE, LLC D/B/A MEENA JEWELERS · filed 2016-12-07(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.” ... Butt’s failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

GORDON v. DORCHESTER MANAGEMENT, LLC D/B/A STERLING PLACE APARTMENTS · filed 2016-12-07(a)(1)

First, Gordon failed to file an application for discretionary appeal as required. “[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). Because Gordon did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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.

Covin v. Wilmington Savings Fund Society, Fsb D/B/A Christiana Trust · filed 2016-12-28(a)(1)

First, “appeals 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 Covin did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a lower court decision by certiorari or de novo proceedings to seek a discretionary appeal.

Marvin B. Smith, III v. HSBC Bank USA · filed 2016-12-28(a)(1)

The defendants failed to file an application for discretionary appeal as required. “[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) requires an application for discretionary appeal when appealing a superior court decision reviewing a lower court decision by certiorari or de novo proceedings.

Gilbert v. Annadale Park · filed 2017-01-25(a)(1)

First, “appeals 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 Gilbert did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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.

Davis v. Pennymac Corp. · filed 2017-02-22(a)(1)

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

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a lower tribunal's decision to be taken by application for discretionary appeal.

Anderson v. Baker County Board of Education · filed 2017-03-21(a)(1)

An appeal from a decision of the superior court reviewing a decision of a lower tribunal, however, must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (1); see also Hogan v. Taylor County Bd. of Ed., 157 Ga. App. 680 (278 SE2d 106) (1981). Because Anderson failed to follow the discretionary appeal procedure as required, this appeal is hereby DISMISSED for lack of jurisdiction.

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

El v. Union City Municipal Court · filed 2017-03-27(a)(1)

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

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

City of Augusta v. Georgia Department of Public Health · filed 2017-06-08(a)(1)

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

Section 5-6-35(a)(1) requires a party seeking review of a superior-court summary judgment resolving a de novo appeal from a magistrate-court decision to follow the discretionary-appeal procedures.

Walker v. U.S. Bank, National Association · filed 2017-07-19(a)(1)

Here, because the summary judgment disposed of a de novo appeal from a magistrate court decision, Walker was required to follow the discretionary appeal procedures to obtain this Court’s review. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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.

Kenner v. Jewell Judy Cox · filed 2017-08-22(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 (453 SE2d 119) (1995). Kenner’s failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35 (a)(1) requires a discretionary-appeal application to review a superior court decision reviewing a state or local administrative-agency decision, including when the challenge is brought as a declaratory-judgment or mandamus action whose substance is agency review.

Georgia Stone Industries, Inc v. Broad River Quarries, LLC · filed 2017-08-22(a)(1)

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

Section 5-6-35(a)(1) requires a party seeking review of a superior-court decision reviewing an administrative-agency decision to use discretionary-appeal procedures.

Shumpert v. Bert Brantley, Commission Georgia Department of Driver Services · filed 2017-09-15(a)(1)

Under OCGA § 5-6-35 (a) (1), a party must follow the discretionary appeal procedures to obtain review of a superior court decision reviewing the decision of an administrative agency. ... Shumpert’s failure to follow the proper avenue of appeal deprives this Court of jurisdiction to consider the appeal.

Section 5-6-35(a)(1) and (b) require a discretionary-review application to appeal a superior court’s review of a state or local administrative-agency decision.

Devendrakumar Patel, as Agent for Lance Cohen v. Lovett · filed 2017-09-20(a)(1), (b)

“Appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (1) (728 SE2d 197) (2012). ... Here, Patel seeks to appeal a superior court ruling that reviewed an administrative agency decision. As a result, he was required to comply with the discretionary appeal procedures. See Hamryka, 291 Ga. at 125 (1) & (2); Ladzinske, 280 Ga. at 265-267; see also OCGA § 5-6-35 (a) (1), (b). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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.

Grier v. Brushy Creek Enterprises, LLC · filed 2017-10-11(a)(1)

First, “appeals 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). The Griers’ failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior court decision reviewing an adjudicative decision by a local administrative agency, including an individualized zoning decision.

Diversified Holdings, LLP v. City of Suwanee · filed 2017-11-02(a)(1)

Accordingly, and without addressing whether an appeal from a true inverse condemnation proceeding would require a discretionary application, we conclude that the present appeal, which is from a superior court order affirming a local zoning board’s decision that the zoning regulations applied to a particular piece of property are not unlawful, is the type of individualized determination that remains subject to the application procedure set out in OCGA § 5-6-35 (a) (1).

Section 5-6-35 (a) (1) requires a discretionary application for appeals from superior-court decisions that actually review state or local agency decisions.

Wellstar North Fulton Hospital, Inc. F/K/A North Fulton Medical Center, Inc. v. Healthsouth Rehabilitation Hospital of F · filed 2017-11-21(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of . . . state and local administrative agencies,” but this provision applies only when the superior court order to be appealed actually reviews an agency decision. ... Thus, OCGA § 5-6-35 (a) (1) does not apply here.

Section 5-6-35(a)(11) requires an application for discretionary appeal when appealing a state court's de novo review of a magistrate court decision.

Burns v. ga/atl Property Mgnt, LLC · filed 2017-11-27(a)(11)

First, “appeals from decisions of the state courts reviewing decisions of magistrate courts by de novo proceedings” must come by application for discretionary appeal. OCGA § 5-6-35 (a) (11); see also Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). The defendants’ failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal.

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.

Mitchell v. Extra Space Storage · filed 2017-11-27(a)(1)

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. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

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

Holt v. Crystal Burkhalter, Judge · filed 2018-02-07(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from 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) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

McIntosh Trial v. Blassingame · filed 2018-02-21(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)(11) and (b) require an appeal from a state court's de novo review of a magistrate court decision to be brought by discretionary appeal.

Ride Today, LLC v. Brandywine Homes Georgia, LLC · filed 2018-02-22(a)(11), (b)

Second, “[a]ppeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings” must come by application for discretionary appeal. OCGA § 5-6-35 (a) (11), (b); see also Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). Ride Today’s failure to comply with the discretionary appeal procedure also deprives us of jurisdiction over this appeal.

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.

Lester v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2018-03-15(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 application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Ossie Smith v. Howell · filed 2018-03-15(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because Smith did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be taken by application for discretionary appeal.

Beatty v. Fenna Life, LLC · filed 2018-03-15(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because Beatty 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)(1) requires a discretionary application for an appeal from a superior-court decision reviewing a state or local administrative-agency decision, and subsection (j) ordinarily permits granting a timely application when the order is directly appealable.

Starship Enterprises of Atlanta, Inc. v. Gwinnett County, Georgia · filed 2018-05-21(a)(1), (j)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of . . . state and local administrative agencies,” but this provision applies only when the superior court order to be appealed actually reviews an agency decision, which is not the case here. See King v. City of Bainbridge, 272 Ga. 427 (1) (531 SE2d 350) (2000). Ordinarily, we will grant a timely application for discretionary appeal when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 (a)(1) requires a party appealing a superior court decision reviewing a state agency ruling to first file an application for discretionary review.

Shirleen Blue-Banks v. Board of Review Labor Board · filed 2018-05-21(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 be initiated by filing an application for discretionary review.

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

Alexander-Lister v. U.S. Bank, National Association · filed 2018-07-19(a)(1)

First, “appeals 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 Alexander-Lister did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction.

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

Evelina Hill v. Moye · filed 2018-08-13(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). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Hill’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Bertarioni v. U.S. Bank National Association, as Trustee for the Rmac Trust, Series 2016-Ctt · filed 2018-08-27(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Bertarioni’s failure to follow the proper procedure deprives us of jurisdiction over this appeal.

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

Harris v. Pfotzer · filed 2018-09-07(a)(11)

Because the order at issue is a de novo ruling on appeal from a magistrate court decision, Harris 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).

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

Lagroon v. John W. Dunsmore, Jr. · filed 2018-09-26(a)(1), (b)

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

Section 5-6-35(a)(1) requires a discretionary application when appealing a superior-court order reviewing a lower tribunal’s decision.

In Re Application of the City of Barnesville · filed 2018-09-26(a)(1)

But that Code section is not applicable because the superior court order to be appealed did not review the county commission’s decision.

Subsection (a)(1) requires a discretionary-appeal application for an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Fernandes v. Hardeman · filed 2018-09-26(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 Fernandes did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction, and this appeal is hereby DISMISSED.

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

McDaniel-ivey v. Ouda · filed 2018-10-17(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 requires appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Bernard v. Tran · filed 2018-10-17(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 requires appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Prince Amun-Ra Meduty v. Wells Fargo Bank, N.A. · filed 2018-11-01(a)(1), (b)

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

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

Bowen v. Najarian Capital, LLC · filed 2018-11-01(a)(1)

“appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.”

Subsection (a)(11) requires a discretionary application to appeal a state-court order resolving a de novo appeal from a magistrate court decision.

Alarcon v. Najarian Capital, LLC · filed 2018-11-09(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Alarcon was required to follow the discretionary appeal procedures to obtain review before this Court. 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 an application for discretionary appeal when a superior court reviews a lower-court decision by certiorari or de novo proceedings, and compliance with that procedure is jurisdictional.

Allen v. Wri Property Management, LLC · filed 2018-12-05(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Allen’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal. Accordingly, Allen’s appeal is hereby DISMISSED for lack of jurisdiction.

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, even when the superior court dismisses the action.

Ridley v. Georgia Lottery Corporation · filed 2018-12-19(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. ... Compliance with the discretionary appeal procedure is required even where the superior court dismisses the action.

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

Ellington v. Vendor Resource Management · filed 2019-02-11(a)(1), (b)

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

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

Dewayne v. Wells Fargo Bank Na · filed 2012-12-05(a)(1)

Because the superior court order of August 19, 2011, involves a de novo appeal from a magistrate court decision, Dewayne 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 to seek discretionary appellate review when appealing a superior court decision reviewing a lower court decision by certiorari or de novo proceedings.

Rosa Miner v. Latimore · filed 2015-07-23(a)(1)

First, “appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because Miner did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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

Roberts v. the Bank of New York Mellon F/K/A the Bank of New York · filed 2016-05-11(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.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because Roberts did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this 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.

Parris v. Thomas Cohen, Administrator for Estate Fronice Price · filed 2016-11-21(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. 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(a)(11) requires a party seeking review of a superior court order disposing of a de novo appeal from a magistrate court decision to use the discretionary appeal procedures.

Jones v. Bank of America, N.A. · filed 2016-01-25(a)(11)

The appellee is correct that, because the superior court’s order disposes of a de novo appeal from a magistrate court decision, Jones was required to follow the discretionary appeal procedures to obtain review before this Court.

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 procedure.

Hines v. Wilmington Savings Fund Society · filed 2017-07-04(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Hines was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Hines’s failure to follow this procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

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

McCauley v. Ktm Roofing Co., Inc. · filed 2018-01-30(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 McCauley did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

Section 5-6-35 (a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a state or local administrative agency decision, even when the superior court dismissed the action.

Karing Hands Healthcare Services, LLC v. City of Stonecrest · filed 2019-03-21(a)(1)

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

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

Dan-Fodio v. Wilmington Savings Fund Society, Fsb · filed 2019-03-21(a)(1), (b)

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

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

Edins v. Patrick · filed 2019-04-11(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

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

Racquel Green v. Main Street Renewal, LLC · filed 2019-04-11(a)(11)

As we previously explained in our February 21, 2019 dismissal order, because the order at issue disposes of a de novo appeal from a magistrate court decision, the Defendants were required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

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.

Pollock v. Alexander · filed 2019-04-11(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.

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

Thomason v. Gilley · filed 2019-04-30(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)(11) requires a discretionary-review application for an appeal from a state-court order disposing of a de novo appeal from a magistrate-court decision, and failure to file one deprives the appellate court of jurisdiction.

Guthrie v. Trio Leasing, LLC · filed 2019-05-16(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), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Pretermitting whether an application for discretionary review also was required here under § 5-6-35 (a) (8) (under which an appeal from an order denying an OCGA § 9-11-60 (d) motion to set aside must be brought by discretionary application), Guthrie’s failure to file an application under § 5-6-35 (a) (11) deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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.

El v. Freeman · filed 2019-06-19(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. See Consolidated Govt. of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). Such compliance is required even where the superior court dismisses the action. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984).

Section 5-6-35(a)(1) requires an application for appeals from superior-court decisions reviewing specified administrative-agency or lower-court decisions, but does not apply when the superior court did not conduct that kind of review.

Alford v. Georgia Atlanta Amusements, LLC · filed 2019-06-20(a)(1)

No provision of the discretionary appeal statute, OCGA § 5-6-35, applies to the fee award. ... OCGA § 5-6-35 (a) (1) requires applications for “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies, and lower courts by certiorari or de novo proceedings[.]” However, the proceedings and the fee award here did not involve superior court review of any administrative agency or lower court decision, but instead turned on whether the Georgia Lottery Corporation had complied with the Open Records Act. ... Because the superior court’s fee award did not involve review of a decision of an administrative agency or a lower court, it is directly appealable under OCGA § 5-6-34 (a) (1).

Section 5-6-35(a)(11) and (b) require an application for discretionary review to appeal a state-court order disposing of a de novo appeal from a magistrate-court decision.

Lawson v. Geico · filed 2019-07-17(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.