Statute Annotations › Georgia › Ga. Code Ann. § 5-6-35

Ga. Code Ann. § 5-6-35

Appeals in certain cases: the cases that interpreted this section

Jurisdiction
Georgia
Case notes
4,287
Cited in passing
895
Citing cases indexed
5,427
Case dates
1983–2026
Screened through
2026-06-26
Checked for later law changes
2026-10-01
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

5,182 citing cases reviewed of 5,427 in the citation index: 4,287 interpreted the section (annotated below), 895 cited it only in passing. Cases filed after 2026-06-26 may not have been reviewed yet.

Have a situation under Ga. Code Ann. § 5-6-35?

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Discretionary appeals for awards less than $10,000

Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.

Burson v. Lindon · filed 2012-09-26(d)

A discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed.

Jordan v. Capital One Bank (Usa) N.A. · filed 2012-10-09(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). We lack jurisdiction to consider an untimely application. See Hill, supra. Here, Jordan filed her application on September 13, 2012, which was 94 days after the trial court’s order was entered. Accordingly, we lack jurisdiction.
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order at issue.

Puckett v. State · filed 2012-09-17(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Puckett filed his application 52 days after entry of the trial court’s order. Accordingly, we lack jurisdiction to consider the application, which is hereby DISMISSED as untimely.
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed.

Jimenez v. State · filed 2012-10-25(d)

To be valid, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). Jimenez, however, filed this application 48 days after entry of the order he seeks to appeal.
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Subsection (c) requires a discretionary-appeal application to include the order being appealed, and subsection (d) requires filing within 30 days after the order's entry.

Butler v. State · filed 2012-11-20(c), (d)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e), an application for discretionary review must include a copy of the order being appealed. ... See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of entry of the order).
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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, including when the superior court dismisses the certiorari petition.

Ross v. City of Milton · filed 2012-10-26(a)(1)

First, under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. ... This procedure must be followed even where the superior court dismisses the certiorari petition.
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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 the discretionary-appeal procedures.

Ramcharan v. Federal National Mortgage Association · filed 2012-11-09(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Ramcharan was required to follow the discretionary appeal procedures.
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Subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower-court order is directly appealable and the applicant has not already filed a notice of appeal.

Aubain-Gray v. Hobby Lobby Stores, Inc. · filed 2012-10-30(j)

This Court will grant an otherwise timely discretionary application if the lower court’s order is directly appealable and the applicant has not already filed a notice of appeal. See OCGA § 5-6-35 (j). Therefore, this application is GRANTED.
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Section 5-6-35(j) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Beringer v. Jimmy Richard Emory, Jr · filed 2012-11-21(j)

This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).
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Subsection (j) gives the appellate court jurisdiction and requires it to grant a timely discretionary-appeal application when the case is directly appealable under § 5-6-34(a), not discretionary under § 5-6-35(a), and no timely notice of appeal was filed.

Jones v. State · filed 2012-11-07(j)

Under OCGA § 5-6-35 (j), when a timely application for discretionary appeal is filed in a case that is subject to direct appeal under OCGA § 5-6-34 (a), but not subject to discretionary appeal under OCGA § 5-6-35 (a), and the applicant has not filed a timely notice of appeal, the appellate court has jurisdiction to decide the case and must grant the application.
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Subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Goodrich v. Bank of America, N.A. · filed 2012-11-27(j)

We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order, and that deadline is jurisdictional.

Coffey v. State · filed 2012-12-06(d)

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

Icoz v. Commercial Cabinetry of Georgia · filed 2012-12-19(d)

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

Thompson v. State · filed 2012-12-21(d)

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

Vig v. Rangaswami · filed 2013-01-09(d)

The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35 requires discretionary appellate review for damages judgments totaling $10,000.00 or less and for a state-court order reviewing a magistrate-court judgment.

Pace v. Williams · filed 2012-12-12(a)(1), (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). The discretionary appeal procedure also applies when a party seeks review of a state court’s order reviewing the judgment of a magistrate court. See OCGA § 5-6-35 (a) (1).
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Section 5-6-35(a)(1) requires an application for appeal from a superior court decision reviewing a State Board of Workers’ Compensation decision, and compliance with that discretionary-appeal procedure is jurisdictional.

Stallings v. Meggitt, Inc. · filed 2012-12-20(a)(1)

“Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation” require an application for appeal. Compliance with the discretionary appeal procedure is jurisdictional. See OCGA § 5-6-35 (a) (1); Adivari v. Sears, 221 Ga. App. 279 (471 SE2d 59) (1996).
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Section 5-6-35 requires a discretionary-review application to include a stamped filed copy of the appealed order and to be filed within 30 days after the order is entered.

Maria Del Carmen Mannone v. Ehler · filed 2012-12-20(c), (d)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e), an application for discretionary review must include a stamped “filed” copy of the order being appealed. ... See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order).
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Section 5-6-35(c) requires a discretionary-review application to include a stamped “filed” copy of the order appealed from, and subsection (d) requires filing within 30 days after entry of the order.

Keith v. State · filed 2012-12-20(c), (d)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e), an application for discretionary review must include a stamped “filed” copy of the order being appealed. Here, Keith has not included any order in his application. Accordingly, we are unable to determine whether his application was filed within 30 days of the order(s) he challenges. See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order).
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Section 5-6-35(j) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is directly appealable and the applicant has not already filed a notice of appeal.

Richard Patrick Owens, III v. Brown · filed 2012-12-21(j)

This Court will grant an otherwise timely discretionary application if the lower court’s order is directly appealable and the applicant has not already filed a notice of appeal. See OCGA § 5-6-35 (j).
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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 by de novo appeal.

Chestnut v. Citimortgage, Inc. · filed 2013-01-09(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).
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Section 5-6-35 makes an order denying a motion to withdraw a guilty plea directly appealable and requires a discretionary-appeal application to be filed within 30 days of the challenged order, judgment, or decision.

Fisher v. State · filed 2013-01-14(d), (j)

Although the denial of a motion to withdraw a guilty plea is directly appealable under OCGA § 5-6-35 (j),1 we lack jurisdiction to consider Fisher’s application because it is untimely. To be timely, an application for discretionary appeal must be filed within 30 days of entry of the order, judgment or decision at issue. OCGA § 5-6-35 (d).
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Section 5-6-35 requires a discretionary-appeal application to identify the order or judgment appealed, include a copy of that order or judgment, and be filed within 30 days; these requirements are jurisdictional.

Johnson v. State · filed 2013-01-30(b), (c), and (d)

Pursuant to OCGA § 5-6-35 (b) & (c) and Court of Appeals Rule 31 (e), an application for discretionary appeal must “specify the order or judgment being appealed” and “include as exhibits to the petition a copy of the order or judgment being appealed.” ... Accordingly, we are unable to determine whether his application was filed to appeal a specific court order and, if so, whether it was filed within 30 days of the order he challenges. See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order). ... Without the trial court’s order, we have nothing to review. This application is therefore DISMISSED.
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Section 5-6-35 requires a discretionary-appeal application to identify the order or judgment appealed, attach a copy of it, and be filed within 30 days of the order's entry.

Coleman v. State · filed 2013-02-04(b)-(d)

Pursuant to OCGA § 5-6-35 (b) & (c) and Court of Appeals Rule 31 (e), an application for discretionary appeal must “specify the order or judgment being appealed” and “include as exhibits to the petition a copy of the order or judgment being appealed.” Here, Coleman has identified no specific trial court order that he wishes to appeal, and the application materials do not even mention a trial court order. Accordingly, we are unable to determine whether his application was filed to appeal a specific court order and, if so, whether it was filed within 30 days of the order he challenges. See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order).
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Section 5-6-35(a)(5.2) requires a discretionary-appeal application for an appeal from a superior-court decision granting or denying a petition for release from sex-offender-registry requirements under Code Section 42-1-19.

Capanzano v. State of Georgia · filed 2013-02-01(a)(5.2)

But under OCGA § 5-6-35 (a) (5.2), “[a]ppeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19” must be taken by application for discretionary appeal. Capanzano’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
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Section 5-6-35(a)(1) requires a discretionary appeal when a superior court order involves a de novo appeal from a magistrate court ruling.

Veal v. Deutsche Bank National Trust Company · filed 2013-02-06(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).
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Section 5-6-35(a)(6) requires discretionary review for an action for damages in which the judgment is $10,000 or less.

DURHAM v. DOLLAR TREE STORES, INC. · filed 2021-06-30(a)(6)

Under OCGA § 5-6-35 (a) (6), 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[.]”
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Section 5-6-35 requires discretionary applications both for de novo review of magistrate-court decisions and for actions for damages in which the judgment is $10,000 or less.

Hill v. Automobile Acceptance Corporation · filed 2021-07-02(a)(6), (a)(11)

Second, appeals of all actions for damages in which the judgment is $10,000.00 or less must also be initiated by filing a discretionary application.
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Discretionary appeals—proper procedure, timing, and jurisdiction

Section 5-6-35(a)(7) and (a)(8) require a discretionary application to appeal orders denying extraordinary motions for new trial and motions to set aside judgments under OCGA § 9-11-60(d).

J. v. Whitlock v. State of Georgia, Ex Rel., Brian Rickman, District Attorney for the Mountain Judicial Circuit · filed 2015-02-05(a)(7), (a)(8)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must also be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006). Whitlock’s failure to comply with the requisite appellate procedure deprives this Court of jurisdiction over his appeal, which is hereby DISMISSED.
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Section 5-6-35(a)(7) requires a discretionary appeal application to challenge denial of an extraordinary motion for new trial, and subsection (d) requires filing it within 30 days; these requirements are jurisdictional.

Middleton v. State · filed 2013-02-14(a)(7), (d)

We dismissed the appeal for lack of jurisdiction because the order was not directly appealable. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997) (to appeal the denial of an extraordinary motion for new trial, a party must file an application for discretionary appeal). On January 24, 2013, Middleton filed an application seeking a discretionary appeal of the trial court’s October 2012 order. However, this application is untimely. A discretionary application must be filed within 30 days of the order to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires a discretionary appeal application within 30 days after entry of the order or judgment, and timeliness is jurisdictional.

Dickerson v. State · filed 2021-04-20(d)

To be timely, an application for discretionary appeal must be filed within 30 days of entry of the order or judgment sought to be appealed.
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Section 5-6-35(d) establishes the 30-day filing period for a discretionary application, while the underlying subject matter controls the procedure.

Shamane Rivers v. Mainstreet Renewal, LLC · filed 2021-07-01(d)

The underlying subject matter of an appeal, however, controls over the relief sought in determining the proper appellate procedure.
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Filing deadline for discretionary applications

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

Peterson v. Dekmar · filed 2017-10-20(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment being appealed.

Maze v. City of Albany · filed 2024-12-02(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment sought to be appealed.
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An application for discretionary appeal is due within 30 days, and an applicant must request any extension from the appellate court within that period.

Johnson v. State · filed 2017-07-04(d)

Because Johnson did not make a timely request for an extension before this Court, we have no basis for excusing his failure to comply with the 30-day deadline set forth in OCGA § 5-6-35 (d).
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An application for discretionary appeal must be filed within 30 days after entry of the order being appealed.

Hawkins v. State · filed 2018-11-23(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.
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Section 5-6-35 requires an application for discretionary review of a domestic relations order within 30 days of its entry.

COLCLOUGH v. GEORGIA DEPARTMENT OF HUMAN SERVICES · filed 2023-05-02(a)(2), (d)

Pretermitting whether Georgia’s statutory scheme governing child support authorized the trial court to credit Weaver for VA disability benefits paid directly to K. C., the time to appeal the court’s 2015 ruling to that effect has long since expired. See OCGA § 5-6-35 (a) (2), (d) (to appeal an order in a domestic relations case, an application for discretionary review must be filed within 30 days of entry of the order); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (the requirements of OCGA § 5-6-35 are jurisdictional).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed.

Ross v. State · filed 2012-04-30(d)

To the extent that Ross seeks to appeal his 2010 conviction, this application is untimely. See OCGA § 5-6-35 (d) (applications for discretionary appeal must be filed within 30 days of the order on appeal).
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Section 5-6-35(a)(2), (b), and (d) require a party seeking discretionary appellate review of a final order in a covered case to file the application within 30 days of the order.

Paul E. Sprenkle, Jr. v. Sprenkle · filed 2022-04-21(a)(2), (b), (d)

Thus, the husband had 30 days therefrom to file an application for discretionary appeal to challenge the order. See OCGA § 5-6-35 (a) (2), (b), (d).
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order to be appealed.

Williams v. Eaves · filed 2013-02-14(d)

As was the case with A13D0004, this application is untimely. A discretionary application must be filed within 30 days of the order to be appealed. See OCGA § 5-6-35 (d); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989). We lack jurisdiction to consider this untimely application, which is hereby DISMISSED.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days of the order appealed from, and that deadline is jurisdictional.

Adams v. State · filed 2013-02-28(d)

A stamped “filed” copy is required in order for this Court to ascertain that the application was filed within 30 days, which is a jurisdictional prerequisite. See OCGA § 5-6-35 (d) (application must be filed within 30 days of the date of the order appealed); Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989) (OCGA § 5-6-35 requirements are jurisdictional).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed.

Toor v. State · filed 2013-04-17(d)

To the extent Toor seeks to appeal his August 30, 2012 conviction, we lack jurisdiction because this application is untimely. See OCGA § 5-6-35 (d) (applications for discretionary appeal must be filed within 30 days of the order on appeal); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Dorsey v. State · filed 2013-05-02(d)

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

Chestnut v. Citimortgage, Inc. · filed 2013-05-20(d)

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

Shields v. State · filed 2013-05-08(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order appealed.

Whitfield v. State · filed 2014-12-12(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order to be appealed.

Cobble v. Brian Owens, Commissioner · filed 2014-12-25(d)

Although the order was filed on October 13, 2014, Cobble did not file his application until November 16, 2014. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because this application was filed 34 days after entry of the order Cobble seeks to appeal, it is untimely.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.

Adams v. State · filed 2013-05-24(d)

To be valid, an application for discretionary appeal must be filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because Adams did not file the applications within the 30-day period, we lack jurisdiction to consider them.
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.

Williams v. State · filed 2013-06-13(d)

To be valid, an application for discretionary appeal must be filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.

Rasheed v. State · filed 2013-05-24(d)

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

Kappelmeier v. Household Realty Corporation · filed 2013-08-20(d)

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

Halsey Jr. v. State · filed 2013-09-16(d)

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

Newby v. State · filed 2013-10-28(d)

Additionally, both an application for a discretionary appeal and a direct appeal must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA §§ 5-6-35 (d), 5-6-38 (a). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court lacks jurisdiction to consider an untimely appeal.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed, and that filing deadline is jurisdictional.

Tatum v. State · filed 2013-10-28(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).
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Section 5-6-35 requires a discretionary-review application to include the order being appealed and to be filed within 30 days after the challenged order is entered; these requirements are jurisdictional.

Jonathan B. Reid, Jr. v. State · filed 2013-11-18(c), (d)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e), an application for discretionary review must include a copy of the order being appealed. In addition, pursuant to OCGA § 5-6-35 (d), an application must be filed within 30 days of entry of the order being challenged. “The requirements of O.C.G.A. § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed, and the deadline is jurisdictional.

Moore v. Georgia-Pacific Corp. · filed 2013-11-21(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989); see also Gable v. State, 290 Ga. 81, 82-83 (2) (a) (720 SE2d 170) (2011). Because Moore’s application was filed 42 days after the superior court’s order, it is untimely.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.

Flores v. State · filed 2013-12-02(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed.
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Subsection (d) requires a discretionary appeal application to be filed within 30 days after the order at issue is entered.

Burke v. State · filed 2013-12-16(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Burke filed his application 87 days after entry of the trial court’s order. Accordingly, we lack jurisdiction to consider the application, which is hereby DISMISSED as untimely.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Howard v. State · filed 2013-12-23(d)

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

Brown v. State · filed 2014-02-14(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. ... Because this application was filed 90 days after entry of the order Brown seeks to appeal, it is untimely.
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order at issue; missing that deadline deprives the appellate court of jurisdiction.

In the Interest Of: A. M., J. P. and N. P., Children (Mother) · filed 2014-04-23(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6- 35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. See Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after the trial court’s order, and compliance with the statute is jurisdictional.

Shepherd v. State · filed 2014-05-06(d)

A discretionary application must be filed within 30 days of entry of the trial court’s order. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an application for appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, Shepherd filed his application on April 7, 2014, so it is untimely as to both the April 2013, order revoking his probation and the January 16, 2014, order denying his “motion to reconsider.”
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Section 5-6-35 requires an application for discretionary review of a directly appealable order to be filed within 30 days, and an application filed later is untimely.

Brazell v. State · filed 2014-09-10(d), (j)

The denial of a motion for an out-of-time appeal is generally subject to direct appeal. Lunsford v. State, 237 Ga. App. 696 (515 SE2d 198) (1999). And, ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because Brazell filed his application 46 days after entry of the order he seeks to appeal, the application is untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed, and compliance is jurisdictional.

Herndon v. State · filed 2014-10-29(d)

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

Faircloth v. State · filed 2014-10-29(d) & (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days of the order being appealed, and that deadline is jurisdictional.

Weihrouch v. State · filed 2014-12-12(d) and (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days, and compliance with the statute is jurisdictional.

Graham v. State · filed 2014-12-25(d)

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

Hamilton v. State · filed 2015-01-14(d), (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because Hamilton filed his application 32 days after entry of the order he seeks to appeal, it is untimely.
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order to be appealed.

Daker v. State · filed 2015-02-11(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because this application was filed 62 days after entry of the order Daker seeks to appeal, it is untimely.
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Subsection (d) requires a discretionary application for appeal to be filed within 30 days after entry of the order appealed from.

McGarrick Butts v. State · filed 2015-02-18(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because this application was filed 43 days after entry of the order Butts seeks to appeal, it is untimely.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed.

Bretzing v. Officer Peak · filed 2015-03-03(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d).
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and missing that deadline deprives the appellate court of jurisdiction.

Kerlin v. Carter Brown · filed 2015-05-05(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). Because Kerlin filed this application 34 days after entry of the order he wishes to appeal, it is untimely.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Wright v. State · filed 2015-09-21(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and missing that deadline deprives the appellate court of jurisdiction.

Hayden v. State · filed 2015-09-24(d)

Second, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). Because Hayden filed this application 78 days after entry of the order he wishes to appeal, it is untimely.
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed, and compliance with the statute is jurisdictional.

Howard v. State · filed 2015-10-06(d)

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

In the Interest Of: M. C. L., E. B. L., G. L., J. A. M., K. A. L., K. G. M-S., J. P. M-L., Children · filed 2015-10-06(d)

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

Fleming v. State · filed 2015-11-03(d)

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

Stephen v. Hartman v. State · filed 2015-11-03(d)

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

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

To be valid, an application for discretionary appeal must be filed within 30 days after the entry of an appealable order, and this Court lacks jurisdiction to consider an untimely application. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days of entry of the order or judgment being appealed.

Timothy Priest Walker v. State · filed 2016-01-29(d)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582 (420 SE2d 393) (1992). The proper and timely filing of the application is an absolute requirement to confer appellate jurisdiction upon this Court.
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Subsection (d) requires a discretionary-review application to be filed within 30 days of the order appealed from, and the deadline is jurisdictional.

Fowler v. State · filed 2016-02-19(d)

An application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Ellis v. State · filed 2016-03-11(d)

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

Fowler v. State · filed 2016-06-10(d)

As Fowler knows from our order dismissing his last application, an application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Watkins v. State · filed 2016-06-10(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Shelton Lee v. State · filed 2016-09-22(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and that deadline is jurisdictional.

Holcomb v. State · filed 2016-10-03(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Section 5-6-35(d) requires a discretionary application for appellate review of a parental-rights termination order to be filed within 30 days, and the deadline is jurisdictional; an out-of-time application may proceed only through the described juvenile-court process.

In the Interest Of: B. R. F. F/K/A B. R. M., a Child (Mother) · filed 2016-10-03(d)

“A discretionary application seeking appellate review of an order terminating parental rights must be filed with the clerk of the appellate court within 30 days of entry of the termination order.” ... “The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.” ... “If the juvenile court grants a request to file an out-of-time application for discretionary review, the mother will have 30 days from the entry of that order to file an application in this court.”
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days of the order or judgment, and its requirements are jurisdictional.

Marquise Leon Hancock v. State · filed 2016-09-30(d)

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

In the Interest Of: C. R. M., a Child (Father) · filed 2017-01-19(d)

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

Gordon v. State · filed 2017-02-22(d)

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

Richard Boles Johnston III v. Johnston · filed 2017-04-11(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires an application for discretionary appellate review of an order terminating parental rights to be filed within 30 days after the termination order is entered.

In the Interest Of: A. B., Children (Mother) · filed 2017-04-27(d)

A discretionary application seeking appellate review of an order terminating parental rights must be filed with the clerk of the appellate court within 30 days of entry of the termination order. OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Rexhepi v. State · filed 2017-04-27(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).
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Section 5-6-35(d) requires a discretionary-review application to be filed within 30 days after the trial court order is entered, and timely filing is jurisdictional.

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

Without such a copy of the order, we cannot ascertain if the application was filed within 30 days of the day it was entered by the trial court clerk, which is a jurisdictional prerequisite. See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed, and the statute's requirements are jurisdictional.

Laverenz v. Laverenz · filed 2017-05-17(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). This application was filed 176 days after entry of the denial of Laverenz’s motion for new trial; it is therefore untimely. ... But the requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot construe documents not filed in compliance therewith as an application for discretionary appeal.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and the deadline is jurisdictional.

Kendall v. State · filed 2017-06-08(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d). ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days, and the statute's compliance requirements are jurisdictional.

Jackson v. State · filed 2017-08-22(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Here, Jackson filed his application 34 days after the entry of the juvenile court’s order. The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Roberson v. Sam Olens Attorney General of Georgia Department of Law · filed 2017-10-20(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35 requires a prisoner’s civil appeal to proceed by discretionary application rather than direct appeal, and requires the application within 30 days of the judgment.

Spottsville v. Warden Hilton Hall · filed 2017-11-29(d)

Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6-35,” which requires the filing of an application for discretionary appeal.2 See Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997). ... A discretionary application must be filed within 30 days of entry of the judgment sought to be appealed. OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.

Crapps v. State · filed 2018-04-05(d)

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

Merilien v. Wendy L. Shoob, Judge · filed 2018-04-05(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-34 (d).
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Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order, and compliance with § 5-6-35 is jurisdictional.

Tricoli v. Rob Watts · filed 2018-05-02(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment, and the statute's compliance requirements are jurisdictional.

Williams v. Bryson · filed 2018-09-07(d)

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

Wood v. State · filed 2018-09-26(d)

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

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

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

Johnson v. State · filed 2018-11-23(d)

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

Turnbull v. State · filed 2018-11-23(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

Lewis Jr. v. State · filed 2018-11-29(d)

First, the application was not timely filed. An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Lewis filed this application 41 days after entry of the order he wishes to appeal. The application is therefore untimely, and we lack jurisdiction to consider it.
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Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days of the order being appealed, while subsection (j) addresses orders subject to direct appeal.

Harpo v. State · filed 2018-12-19(d), (j)

Harpo also seeks to appeal the trial court’s March 2018 order barring him from the Fulton County Clerk’s offices – an order that appears unrelated to his upcoming criminal trial. Ordinarily, we will grant an otherwise timely application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d), (j). Because Harpo filed this application 205 days after entry of the court’s March 2018 order, the application is untimely which respect to that order.
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Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days, and the deadline is jurisdictional.

Jeffares v. Tracy Alvord, Executive Director · filed 2018-12-19(d)

Without the stamped “filed” copy of the order, we cannot ascertain if the application was filed within 30 days, which is a jurisdictional requirement.1 See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed, and compliance is jurisdictional.

Wimmer v. State · filed 2013-02-13(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed.1 See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.

Johnson v. State · filed 2014-11-19(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed, and the deadline is jurisdictional.

Acree v. State · filed 2016-09-14(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.
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Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment appealed from, and compliance is jurisdictional.

Jefferson v. State · filed 2017-11-14(d)

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

In the Interest of L. D., a Child (Father) · filed 2019-02-26(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-34 (d).
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order appealed from.

Sumrall v. Toddrick Hunter · filed 2019-03-21(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992).
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Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.

McKeever v. State · filed 2019-03-21(d)

Furthermore, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). McKeever filed this application on February 12, 2019, 35 days after the trial court’s January 8 order and 57 days after the trial court’s December 17 order. Accordingly, this application is also untimely.
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and the filing deadline is jurisdictional.

Edwards v. State · filed 2019-04-11(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).
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Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order, and noncompliance is jurisdictional.

Hill v. City of Roswell · filed 2019-04-11(d)

An application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). At the time Hill filed his application for discretionary appeal, no order had been entered by the clerk. Thus, at the time of filing, we lacked jurisdiction.
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Subsection (d) requires a discretionary-review application to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Cobble v. Fachini · filed 2019-04-11(d)

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

Kathryn Dianne Burke Adams v. Koehler · filed 2019-09-23(d)

OCGA § 5-6-35 (d) requires that discretionary applications be filed within 30 days of the entry of the order to be appealed. The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the judgment sought to be appealed, and compliance with the statute is jurisdictional.

McDonald v. Riney · filed 2019-10-04(d)

A discretionary application must be filed within 30 days of entry of the judgment sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35 (d) requires a discretionary application to be filed within 30 days of the order being appealed, and the deadline is jurisdictional.

White v. Enterprise Holdings, Inc · filed 2019-10-04(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35 generally provides for discretionary review of a directly appealable order, but requires the application to be filed within 30 days of entry of the order.

Lythcott v. State · filed 2019-11-12(d), (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after the order being appealed is entered.

In the Interest of B. L. J., Children (Mother) · filed 2019-12-04(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed.
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Subsection (d) requires a discretionary application to be filed within 30 days of entry of the order to be appealed, and the deadline is jurisdictional.

Payton v. State · filed 2019-12-04(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order being appealed, and the deadline is jurisdictional.

In the Interest of W. P., a Child (Mother) · filed 2020-01-28(d)

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

Chambers Jr. v. State · filed 2020-04-03(d)

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

Cargle v. Harvill · filed 2020-11-17(d)

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

Davioun Collier v. Fulton Superior Court · filed 2020-12-31(d)

To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d).
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Section 5-6-35 (d) requires an application for discretionary review to be filed within 30 days after entry of the judgment or trial-court order being appealed.

Chergi v. State · filed 2021-01-05(d)

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

ZAY MICHAEL BEY F/K/A TAMICHAEL L. FORDHAM v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, EX. REL.,T. F. (CHILDREN) · filed 2021-04-09(d)

An application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires a discretionary appeal application within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

In Re: Robert D'Agostino · filed 2021-04-20(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d).
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A discretionary appeal application must be filed within 30 days after entry of the order to be appealed under section 5-6-35(d).

Hicks v. Pissarro Wright · filed 2021-03-24(d)

As we informed Hicks in the previous dismissal order, an application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order to be appealed.

Thomas v. State · filed 2021-06-02(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order to be appealed.

Williams v. Knight Real Estate Holdings, LLC · filed 2021-06-02(d)

An application must be filed within 30 days of entry of the order to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the judgment or order.

Thompson v. State Board of Pardons and Parole · filed 2021-06-07(d)

An application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order.

Thomas v. State · filed 2021-06-15(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order or judgment.

Obeginski v. State · filed 2021-06-15(d)

An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the appealable decision or judgment.

McKoy v. State · filed 2021-06-30(d)

An application for discretionary appeal must be filed within 30 days after entry of the appealable decision or judgment at issue.
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Section 5-6-35(d) establishes the 30-day deadline for discretionary applications.

Matthews v. Mark Butler, Commissioner of the Department of Labor · filed 2021-07-23(d)

Ordinarily, an application for discretionary review must be filed within 30 days of the order sought to be appealed.
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Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order, and the requirement is jurisdictional.

McKissic v. State · filed 2021-06-30(d)

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

Hill v. Automobile Acceptance Corporation · filed 2021-08-03(d)

The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order appealed from, and the deadline is jurisdictional.

Derek Gabriel, Sr. v. Sentinel Lake Homeowners Association · filed 2022-01-07(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d); ... This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the judgment or trial court order, and the section's requirements are jurisdictional.

Dyer v. State · filed 2021-12-28(d)

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

Crittenden v. Crittenden · filed 2022-03-02(d)

An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.
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Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days of the judgment or trial court order sought to be appealed.

Ridley v. Atkins · filed 2022-03-24(d)

An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment to be appealed, and the deadline is jurisdictional.

Ridley v. Estate of William Bill Dickerson · filed 2022-04-18(d)

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

Dorsey v. Sunshine Management, LLC · filed 2022-05-04(d)

Ordinarily, an application for discretionary review must be filed within 30 days of entry of the order sought to be appealed.
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Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment appealed from.

Raquel Hall v. Hall · filed 2022-06-09(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 47 days after entry of the order at issue, the application is untimely and is hereby DISMISSED.
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Notes 2851–3000 of 4,287, oldest cases first.

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