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No reviewed case has held this section invalid, preempted, superseded or repealed.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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Filing deadline for discretionary applications

Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment to be appealed.

Patel v. City of Atlanta · filed 2022-06-28(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).
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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 being appealed, and the deadline is jurisdictional.

Carey v. State · filed 2022-07-11(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.” ... Here, Carey filed his application 40 days after entry of the order denying his motion to set aside and 34 days after entry of the order revoking his probation. Each of the applications is therefore untimely.
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Subsection (d) requires an application for discretionary review to be filed within 30 days of entry of the order or judgment to be appealed.

Ridley v. Forte · filed 2022-09-28(d)

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

Kiser v. O'Neale · filed 2022-10-07(d)

A discretionary application 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, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).
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Section 5-6-35 requires discretionary-review applications to be filed within 30 days and makes compliance with its requirements jurisdictional.

Nyepah v. State · filed 2022-10-26(d)

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). 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 a discretionary application to be filed within 30 days of the order to be appealed, and that deadline is jurisdictional.

Woodard v. State · filed 2022-11-15(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). 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 requires a discretionary application to be filed within 30 days of entry of the order sought to be appealed, and makes its requirements jurisdictional.

Owens v. Paws Humane Society · filed 2022-12-05(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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Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order, decision, or judgment, and the deadline is jurisdictional.

Carole Rocker v. Larry Phillips Construction, Inc. · filed 2023-03-06(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order being appealed, and the deadline is jurisdictional.

Antione Walker v. State · filed 2023-03-07(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). 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 a discretionary application to be filed within 30 days of the order being appealed, and the deadline is jurisdictional.

Stay Social Tap and Table, LLC v. Columbia County Board of Commissioners · filed 2023-03-13(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). 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 a discretionary application to be filed within 30 days after entry of the order being appealed, and that deadline is jurisdictional.

Eckerd v. State · filed 2023-03-24(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 with 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 entry of the order to be appealed, and its requirements are jurisdictional.

Kent v. State · filed 2023-05-16(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). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”
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Subsection (d) requires a discretionary application to be filed within 30 days after the entry of the order, decision, or judgment being appealed, and makes that deadline jurisdictional.

Brooks v. Brooks · filed 2023-07-06(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court 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 review to be filed within 30 days after entry of the order or judgment being appealed.

Merilien v. Campbell · filed 2023-07-17(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 168 days after entry of the order returning Merilien’s filing fee, it is untimely and is hereby DISMISSED.
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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.

Bennett v. State · filed 2023-11-14(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).
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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 a conflicting court rule cannot extend that deadline.

The Retail Property Trust v. Tyreese Rashun Brown · filed 2023-11-20(d)

To the extent that Retail Property Trust relies on Uniform Superior Court Rule 21.5 to provide a more generous deadline for filing an application, the court rule conflicts with OCGA § 5-6-35 (d) and must yield to the statute.
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Subsection (d) requires a discretionary appeal application to be filed within 30 days, and the deadline is jurisdictional.

Dorsey v. Kim · filed 2024-01-25(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal that fails to comply with the statute.
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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, and the deadline is jurisdictional.

Major A. Clark v. State · filed 2024-02-08(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 more than two years after entry of the order revoking Clark’s probation, it is untimely and is hereby DISMISSED.
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Section 5-6-35 (d) requires a discretionary application to be filed within 30 days, and that filing deadline is jurisdictional.

Greene v. Wallace · filed 2024-03-07(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Court of Appeals Rule 31 (a). “The filing deadline is jurisdictional, and this [C]ourt is unable to accept an untimely application.”
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Section 5-6-35 generally requires a discretionary-review application to be filed within 30 days of entry of the order or judgment to be appealed, and the filing deadline is jurisdictional.

Canty v. State · filed 2024-07-09(d), (j)

Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d), (j). This filing deadline is jurisdictional, and this Court must dismiss an untimely application.
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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 that deadline is jurisdictional.

Taylor v. State · filed 2024-07-10(d)

However, the application for a discretionary appeal must be filed within 30 days of the order being 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 requires a discretionary-review application to be filed within 30 days and treats that requirement as jurisdictional.

Benitez v. Woody · filed 2024-08-27(d), (j)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d), (j). 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). Consequently, we lack jurisdiction over Benitez’s untimely application, which was filed 40 days after entry of the order she seeks to appeal. See id.
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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 or judgment being appealed, and that deadline is jurisdictional.

Jhon Leigh Properties, Inc. v. Davis · filed 2024-09-03(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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Subsection (d) requires a discretionary-review application to be filed within 30 days after entry of the order to be appealed, and compliance with the statute is jurisdictional.

Muhlenberg v. Muhlenberg · filed 2024-09-05(d)

Ordinarily, a discretionary application 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, 583 (420 SE2d 393) (1992). ... 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 being appealed, and the statute's requirements are jurisdictional.

Home Now Properties, Inc. v. Gillespie · filed 2024-09-24(d)

An application for discretionary review must be filed within 30 days of entry of the order or 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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An application for discretionary review must be filed within 30 days of entry of the order or judgment sought to be appealed, and the requirement is jurisdictional.

Hall v. Ransom · filed 2024-10-11(d), (j)

This Court will ordinarily grant an application for discretionary review of a directly appealable order under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d), (j). 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 trial court order, and the statute’s requirements are jurisdictional.

Garza v. State · filed 2024-11-27(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 an application for discretionary appeal to be filed within 30 days after entry of the order sought to be appealed, and the requirement is jurisdictional.

Byrd v. Holmes · filed 2025-01-30(d)

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

Rehberger v. City of Stockbridge · filed 2025-02-05(d)

Here, however, Rehberger’s application — filed 43 days after the superior court’s orders — was not timely. See OCGA § 5-6-35 (d) (discretionary application must be filed within 30 days of entry of the order sought 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 sought to be appealed, and the requirements of the statute are jurisdictional.

Dunn v. Dunn · filed 2025-03-03(d)

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

Rockmore v. State · filed 2025-03-10(d)

To be timely, 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).
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Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed.

Edukugho v. Holbrook · filed 2025-04-04(d)

In order for us to do so, the application for discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d).
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Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order appealed.

Delroy T. Booth v. Lieutenant R. Allen · filed 2025-05-07(d)

To be timely, an application for discretionary review 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 [C]ourt 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 of entry of the order sought to be appealed, and the statute's requirements are jurisdictional.

Devante L. Wade v. Bruce Thompson, Commissioner of Georgia Department of Labor · filed 2025-06-03(d)

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

Flournoy v. State of Georgia · filed 2025-06-27(d)

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

Goolsby v. Goolsby · filed 2025-07-08(d)

An application for discretionary appeal must be filed within 30 days following entry of the order sought to be appealed. OCGA § 5-6-35 (d). And the filing of a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order. See Harned v. Piedmont Healthcare Foundation, 356 Ga. App. 870, 872 (849 SE2d 726) (2020). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See In the Interest of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016) (holding that an appellate court lacks jurisdiction over an untimely application for discretionary appeal).
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Section 5-6-35(d) requires a discretionary-review application to be filed within 30 days after the order being appealed, and the requirement is jurisdictional.

McNeal v. Navy Federal Credit Union · filed 2025-07-30(d)

To be timely, an application for discretionary review 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 [C]ourt cannot accept an 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, decision, or judgment sought to be appealed, and the deadline is jurisdictional.

Mathis v. Mathis · filed 2025-09-24(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).
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Subsection (d) requires a discretionary application to be filed within 30 days after the order being appealed, and the deadline is jurisdictional.

In the Interest of J. J., a Child · filed 2025-09-30(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 with OCGA § 5-6-35 (d).
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Section 5-6-35(d) requires an application for discretionary review to be filed with the clerk of the Supreme Court or Court of Appeals within 30 days of the challenged order, decision, or judgment.

Shelton v. State · filed 2025-11-05(d)

OCGA § 5-6-35(d) explicitly requires an application for discretionary review to be filed “with the clerk of the Supreme Court or the Court of Appeals within 30 days of the entry of the order, decision, or judgment complained of.” This Court’s current address — which is prominently displayed on its website — has not changed since the beginning of 2020, and this Court has never had an address on Century Boulevard in Atlanta. We therefore reject Shelton’s argument that he complied with OCGA § 5-6-35(d) by mailing his application to the wrong address before the deadline for filing an application expired.
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Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.

Tepper v. Sarasota Ccm Inc · filed 2025-11-18(d), (j)

Ordinarily, when a party applies for discretionary appeal of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). However, to fall within this general rule, the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d), (j). This filing deadline is jurisdictional, and this Court must dismiss an untimely application.
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order to be appealed, and the deadline is jurisdictional.

Wright v. State · filed 2025-11-18(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, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35(d).
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order or judgment appealed.

Lin v. Yuan · filed 2025-12-01(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35(d); Court of Appeals Rule 31(a).
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order, decision, or judgment and makes that deadline jurisdictional.

Vasser v. Stephens-Vasser · filed 2025-12-03(d)

A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with the relevant statute.
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Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment being appealed.

Wallace v. Buffington · filed 2025-12-19(d)

Pretermitting the issue of whether Wallace would have the right to a direct appeal, see OCGA § 5-6-34 (a) (11), to be timely, a discretionary application must be filed within 30 days after entry of the order or judgment 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 being appealed, and the deadline is jurisdictional.

Castro v. Frias · filed 2026-03-02(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, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35(d).
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Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order appealed from, and the deadline is jurisdictional.

Croom v. State · filed 2026-03-09(d)

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

Domond v. State · filed 2026-04-24(d)

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

Gillen v. Keeler · filed 2026-05-12(d)

A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought 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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Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order being appealed, and the deadline is jurisdictional.

In Re Estate of Emily W Ash Adult Ward · filed 2026-05-14(d)

An application for discretionary review must be filed within 30 days of 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 it.
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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 its requirements are jurisdictional.

Lescota-Grailer v. Del Jones · filed 2019-09-23(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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Lescota-Grailer filed her application 31 days after entry of the order, and thus the application is untimely.
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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 requirement is jurisdictional.

Findley v. A-Tow · filed 2019-12-24(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, and that deadline is jurisdictional.

Upkins v. State · filed 2021-01-25(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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An application for discretionary review must be filed within 30 days after entry of the order or judgment being appealed.

In THE INTEREST OF O.M., a Child (MOTHER) · filed 2025-11-26(d)

Compare OCGA § 5-6-35(d) (an application for discretionary review must be filed within 30 days of entry of the order or judgment sought to be appealed), with Ga. Ct. App. R. 16(c) (“The request for an extension must be made prior to the expiration of the period for filing as originally prescribed.”). Moreover, the mother seeks a 40-day extension, in violation of Court of Appeals Rule 16(c), which provides that “the extension will not exceed the time otherwise allowed for the filing of an application.” See 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 or judgment appealed; the filing requirement is jurisdictional.

Owens v. State · filed 2013-08-14(d)

We lack jurisdiction because Owens’s application is untimely. 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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A discretionary application must be filed within 30 days after entry of the order being appealed.

Fieldale Farms Corporation v. Blakely · filed 2013-11-14(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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A discretionary application must be filed within 30 days of the appealed order, and an untimely application cannot be accepted because the filing requirements are jurisdictional.

Moreland v. Select Portfolio Servicing, Inc. · filed 2014-02-03(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). 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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A discretionary application must be filed within 30 days of the order appealed from; the deadline is jurisdictional.

Fredrick v. State · filed 2015-10-22(d)

A discretionary application 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 application for appeal not made in compliance therewith.
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A discretionary application must be filed within 30 days after entry of the order being appealed.

Jones v. Wal-Mart Stores, Inc. · filed 2016-04-25(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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A discretionary application must be filed within 30 days of the order being appealed; an untimely application leaves the Court of Appeals without jurisdiction.

Fordham v. Georgia Department of Human Resources, Ex Rel., Tia Rochelle Cook · filed 2016-08-25(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 a discretionary application to be filed within 30 days after entry of the order appealed; an untimely application leaves the court without jurisdiction.

Arbegast v. State · filed 2016-10-25(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). ... Because this application was filed 110 days after entry of the order Arbegast seeks to appeal, it is untimely, and we lack jurisdiction to consider it.
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Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order appealed; the deadline is jurisdictional.

Pickard v. State · filed 2016-11-21(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). 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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An application for discretionary appeal must be filed within 30 days after entry of the order sought to be appealed.

Walters v. Georgia Department of Human Services · filed 2025-05-02(d)

An application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d).
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Discretionary appeals from denial of free transcripts for post-conviction collateral attack

Section 5-6-35 requires an appeal from the denial of an indigent prisoner's application for free trial transcripts or case records for a post-conviction collateral attack to follow the discretionary-appeal procedure when no habeas petition is pending.

Tyrone Crane v. State · filed 2013-03-12

“Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.” ... “Because Crane failed to follow the discretionary appeal procedure as required here, his appeal is DISMISSED for lack of jurisdiction.”
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Section 5-6-35 requires a discretionary appeal when an indigent prisoner appeals the denial of a free transcript sought for a post-conviction collateral attack.

Houston v. State · filed 2013-04-11

“[I]f no petition for habeas corpus is pending at the time an indigent prisoner makes any application for a transcript . . . for purposes of collateral attack upon his conviction or sentence, that application will be treated as a separate civil action subject to the procedures and requirements of the Prison Litigation Reform Act of 1996. Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.” Coles v. State, 223 Ga. App. 491, 492 (1) (477 SE2d 897) (1996); see OCGA § 42-12-8. Because Houston failed to follow the discretionary appeal procedure as required here, his appeal is DISMISSED for lack of jurisdiction.
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Section 5-6-35 requires a discretionary appeal from the denial of an indigent prisoner’s application for free transcripts for a post-conviction collateral attack when no habeas corpus petition is pending.

Newsome v. State · filed 2015-06-22

With respect to Newsome’s motion for a free transcript and other records, “if no petition for habeas corpus is pending at the time an indigent prisoner makes any application for a transcript . . . for purposes of collateral attack upon his conviction or sentence, that application will be treated as a separate civil action subject to the procedures and requirements of the Prison Litigation Reform Act of 1996. Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.” Coles v. State, 223 Ga. App. 491, 492 (1) (477 SE2d 897) (1996); see OCGA § 42-12-8. Because Newsome has not shown that he has a pending habeas corpus petition, he was required to appeal the trial court’s ruling by discretionary application.
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Section 5-6-35 requires a discretionary appeal from the denial of an indigent prisoner's request for free transcripts for a post-conviction collateral attack when no habeas corpus petition is pending.

Tolbert v. State · filed 2015-08-12

“Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.”
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Section 5-6-35 requires a discretionary appeal from the denial of an indigent prisoner's application for free trial transcripts for a post-conviction collateral attack when no habeas petition is pending.

In Re: William Hardin · filed 2015-08-25

[I]f no petition for habeas corpus is pending at the time an indigent prisoner makes any application for a transcript of his trial for purposes of collateral attack upon his conviction or sentence, that application will be treated as a separate civil action subject to the procedures and requirements of the Prison Litigation Reform Act of 1996. Specifically, appeals from the denial of any such applications for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of O.C.G.A. § 5-6-35.
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Section 5-6-35 requires a discretionary-appeal application to obtain review of a denial of a prisoner's request for free records for a post-conviction collateral attack when no habeas corpus petition is pending.

Ibekilo v. State · filed 2017-11-14

“Specifically, appeals from the denial of any such applications for free [records] for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.” ... “As nothing in the record indicates Ibekilo has any currently pending collateral attack on his conviction or sentence, he was required to file an application for discretionary appeal to obtain review of the denial of his request.”
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When no habeas petition is pending, an appeal from the denial of a free transcript sought for a collateral attack must follow § 5-6-35’s discretionary appeal procedure; failure to do so deprives the appellate court of jurisdiction.

Vogelsang v. State · filed 2014-05-07

Here, although Vogelsang is contemplating filing a habeas corpus petition, he has not yet done so. Accordingly, he was required to comply with the discretionary appeal procedure to appeal the trial court’s order. His failure to do so deprives us of jurisdiction over this appeal, which is therefore DISMISSED.
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Application for discretionary appeal from a sexual-offender-registry release decision

Section 5-6-35(a)(5.2) requires appeals from superior-court decisions granting or denying petitions for release from the sex offender registry under Code Section 42-1-19 to be taken by application for discretionary appeal.

Robertson v. State · filed 2018-09-05(a)(5.2)

First, pursuant to 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.
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Section 5-6-35(a)(5.2) requires a person appealing a superior-court decision granting or denying a petition for release from the sexual-offender registry under OCGA § 42-1-19 to file an application for discretionary appeal.

In Re: Raymond Yelverton · filed 2013-03-15(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), an individual seeking to appeal a decision of the superior court granting or denying a petition for release pursuant to OCGA § 42-1-19 must file an application for discretionary appeal to the appropriate appellate court.
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Subsection (a)(5.2) requires appeals from superior-court decisions granting or denying petitions for release under Code Section 42-1-19 to be taken by application for discretionary appeal.

Rogers v. State of Georgia · filed 2014-08-28(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), however, “[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.
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Section 5-6-35(a)(5.2) requires an application for discretionary appeal from a superior court decision granting or denying a petition for release from sex offender registry requirements under Code Section 42-1-19.

Sim James Pope Jr. v. State · filed 2015-03-03(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), however, “[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.
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Section 5-6-35(a)(5.2) requires a discretionary-appeal application for appeals from superior-court decisions granting or denying petitions for release from sex-offender registration under Code Section 42-1-19.

Sim James Pope, Jr. v. State · filed 2017-08-04(a)(5.2)

As we have previously advised Pope, OCGA § 5-6-35 (a) (5.2) provides that “[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.
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Section 5-6-35(a)(5.2) requires an application for discretionary review to appeal an order granting or denying a petition for release from State Sexual Offender Registry requirements, and that procedure is jurisdictional.

State v. Finnicum · filed 2017-08-22(a)(5.2)

Appeals from orders of superior courts granting or denying petitions for release from the State Sexual Offender Registry provisions under § 42-1-19 must be initiated by filing an application for discretionary review. ... Pretermitting whether the State’s appeal in this case falls within the ambit of § 5-7-1 (a) (6), this would not relieve the State of the obligation of complying with the more specific, later-enacted discretionary appeal provision in § 5-6-35 (a) (5.2).
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Section 5-6-35(a)(5.2) requires an appeal from a superior-court decision granting or denying a petition for release from sex-offender-registry requirements to be taken by application for discretionary appeal.

Wayman Price v. State of Georgia · filed 2018-09-13(a)(5.2)

Pursuant to OCGA § 5-6-35 (a) (5.2), however, “[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.
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Subsection (a)(5.2) requires appeals from superior court decisions granting or denying petitions for release under Code Section 42-1-19 to be taken by application for discretionary appeal.

Ridley v. State · filed 2019-10-25(a)(5.2)

Pursuant to OCGA § 5-6-35 (a) (5.2), however, “[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. Ridley’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.
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Subsection (a)(5.2) requires an application for discretionary appeal from a superior court decision granting or denying a petition for release under Code Section 42-1-19.

Callen v. State · filed 2020-08-20(a)(5.2)

First, 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. “Compliance with the discretionary appeals procedure is jurisdictional.”
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Section 5-6-35(a)(5.2) requires a discretionary appeal from a superior-court decision granting or denying a petition for release under Code Section 42-1-19.

State of Georgia v. Buschel · filed 2021-02-04(a)(5.2)

OCGA § 5-6-35 (a) (5.2) provides that “[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.
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Section 5-6-35 (a) (5.2) requires an application for discretionary appeal from a superior court decision granting or denying a petition for release under Code Section 42-1-19.

Evans v. State of Georgia · filed 2023-06-27(a)(5.2)

However, OCGA § 5-6-35 (a) (5.2) provides that “[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. “Compliance with the discretionary appeals procedure is jurisdictional.”
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Subsection (a)(5.2) requires appeals from superior-court decisions granting or denying petitions for release under Code Section 42-1-19 to be taken by application for discretionary appeal.

Johnson v. the State of Georgia · filed 2023-12-12(a)(5.2)

However, OCGA § 5-6-35 (a) (5.2) provides that “[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.
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Subsections (a)(5.2) and (b) require an application for discretionary review for an appeal from a superior-court order denying a petition for release under OCGA § 42-1-19.

GARDEI v. KEYBO TAYLOR, IN HIS INDIVIDUAL CAPACITY · filed 2024-10-01(a)(5.2), (b)

Typically, appeals from orders of superior courts denying petitions for release under OCGA § 42-1-19 must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (5.2), (b).
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Time to file notice of appeal

Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order, subsection (j) authorizes granting the application, and subsection (g) allows ten days after the order granting it to file the notice of appeal.

Kitchens v. State · filed 2015-03-26(d), (g), (j)

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). ... Accordingly, the application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). 1 Kitchens shall have ten days from the date of this order to file his notice of appeal in the trial court. OCGA § 5-6-35 (g).
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Section 5-6-35(d) requires a notice of appeal to be filed within 30 days of entry of the order or judgment to be appealed, and the statute's requirements are jurisdictional.

Johnson v. State · filed 2016-09-09(d)

Pretermitting whether Johnson had a right to directly appeal the order denying his motions, a notice of appeal must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept a notice of 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(g) requires the applicant to file a notice of appeal within ten days after an order grants a discretionary appeal, and timely filing confers jurisdiction.

Taylor v. Johnson · filed 2021-06-30(g)

Within ten days after an order is issued granting [an application for a discretionary] appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.
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Subsection (g) requires a notice of appeal to be filed within ten days after an order granting a discretionary-review application.

FLORENCE v. COUTURE · filed 2025-09-23(g)

Because Florence failed to file her notice of appeal within ten days of our order granting her application, the notice of appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction. See OCGA § 5-6-35 (g); White, 188 Ga. App. at 557.
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Subsection (g) gives a party whose application for discretionary appeal has been granted ten days from the order to file a notice of appeal in the trial court.

Ramsumair v. Ramsumair · filed 2026-01-23(g)

Ramsumair shall have ten days from the date of this order to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g).
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Section 5-6-35(d) gives 30 days to seek review of the denial of an extraordinary motion for new trial.

Westmoreland v. Warden, Georgia Department of Corrections · filed 2016-03-30(d)

Mr. Westmoreland had 30 days to appeal this denial. See O.C.G.A. § 5-6-35(d).
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Filing deadline and jurisdictional requirements

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed, and the statute's requirements are jurisdictional.

Merilien v. Panel Delcham · filed 2013-04-18(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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Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order on appeal, and the statute's filing requirements are jurisdictional.

Morris v. Hunt · filed 2013-05-20(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 appealed, and that deadline is jurisdictional.

Taylor v. Fulton County Superior Court · filed 2013-05-23(d)

See OCGA § 5-6-35 (d) (application must be filed within 30 days of the entry 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 a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.

Ubele v. State of Georgia · filed 2013-07-23(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 or judgment being appealed, and compliance with the statute is jurisdictional.

Howard v. State · filed 2013-09-06(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 a discretionary-appeal application to be filed within 30 days, and its requirements are jurisdictional.

Lott v. Ralph Kemp, Warden · filed 2013-09-30(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(d) requires an application for discretionary appeal to be filed within 30 days of the order appealed from, and its requirements are jurisdictional.

Chergi v. State · filed 2014-03-26(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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An application for discretionary appeal must be filed within 30 days after entry of the order or judgment, and compliance with the statute's requirements is jurisdictional.

Wright v. State · filed 2014-03-31(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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An application for discretionary appeal must be filed within 30 days after entry of the order or judgment, and the statute's filing requirements are jurisdictional.

Chae v. State · filed 2014-08-11(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 not made in compliance therewith.
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Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days of the order and treats those requirements as jurisdictional.

Roosevelt Woods v. State · filed 2014-10-09(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). 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 requires a discretionary-appeal application to be filed within 30 days after entry of the order being appealed, and that filing deadline is jurisdictional.

Nembhard v. Jp Morgan Chase Bank, N.A. · filed 2014-10-09(d) & (j)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. ... The requirements of OCGA § 5-6-35 are jurisdictional, and this 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 of the order on appeal, and compliance is jurisdictional.

Garcia v. State · filed 2014-11-25(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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Subsection (d) makes the 30-day deadline for filing a discretionary appeal application jurisdictional.

Ramey II v. State · filed 2014-12-01(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. See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 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 appealed from, and compliance is jurisdictional.

Welch v. Northwest Georgia Housing Authority · filed 2014-12-03(d)

In addition, 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). 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 of the order being appealed, and treats that requirement as jurisdictional.

Jackson-Rone v. Jp Morgan Chase Bank, N.A. · 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) and (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). 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 of the entry of the order being appealed, and those requirements are jurisdictional.

Johnson v. Girl Scouts of Greater Atlanta, Inc. · filed 2015-04-10(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). 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(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the filing deadline is jurisdictional.

Ofor v. Hubbard · filed 2015-10-27(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 appeal to be filed within 30 days after entry of the order or judgment appealed from, and compliance with § 5-6-35 is jurisdictional.

Brown 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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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 compliance with the statute is jurisdictional.

Dobson v. Georgia Power Company · filed 2015-12-17(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, and the statute's filing requirements are jurisdictional.

Lin v. Infinity Safeguard Insurance Company · filed 2016-01-04(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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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 requirement is jurisdictional.

Pickstock v. State · filed 2016-01-25(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.
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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.

Sanders 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. 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 that filing deadline is jurisdictional.

Leroy Banks, III v. State · filed 2017-05-17(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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Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the judgment sought to be appealed, and the statute's requirements are jurisdictional.

Moss v. State · filed 2017-08-23(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 after entry of the judgment sought to be appealed, and the statute's requirements are jurisdictional.

Henry v. Coleman · filed 2017-11-28(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 an application for discretionary review to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Shawn Davert Lockhart, Jr. v. Georgia Department of Corrections · filed 2017-12-19(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 a discretionary application to be filed within 30 days after entry of the order sought to be appealed, and the statute's requirements are jurisdictional.

Jackson v. State · filed 2018-01-02(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 with the statute.
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Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order sought to be appealed, and the requirements of § 5-6-35 are jurisdictional.

Carson v. State · filed 2018-03-15(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. Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Because this application was filed 62 days after entry of the order Carson seeks to appeal, it is untimely, and we lack jurisdiction to consider it.
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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 its filing requirements are jurisdictional.

Sandy Jennings v. Jennings · filed 2018-05-11(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 not made in compliance therewith.
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A discretionary appeal application must be filed within 30 days of the order or judgment, and the deadline is jurisdictional.

Alvarez v. State · filed 2018-06-28(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) makes the requirement that an application be filed within 30 days jurisdictional.

Wilcox v. State · filed 2018-07-19(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 (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, and compliance with § 5-6-35 is jurisdictional.

Fedd v. State · filed 2019-02-11(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 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 or judgment and makes those requirements jurisdictional.

In the Interest of R. S. Y., a Child · filed 2019-02-11(d), (j)

This Court ordinarily will grant an application for discretionary review of a directly appealable order under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. OCGA § 5-6-35 (d), (j). 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, and the statute's requirements are jurisdictional.

Evans 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. 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 makes compliance with its appellate-application requirements jurisdictional, so an application that does not comply with the statute cannot be accepted.

Walker v. Direct Properties, LLC · filed 2014-11-19(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 compliance with the statute is jurisdictional.

Spottsville v. Robert Adams, Jr., Warden · filed 2019-03-21(d)

Second, 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 an application for discretionary review to be filed within 30 days, and compliance with the statute is jurisdictional.

Medina v. Martinez · filed 2019-04-11(d), (j)

This Court ordinarily will grant an application for discretionary review of a directly appealable order under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d), (j). 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 of a directly appealable order to be filed within 30 days of the order’s entry, and the statute’s requirements are jurisdictional.

Batts v. State · filed 2019-08-21(d)

Ordinarily, if a party applies for discretionary review of a directly appealable order – such as an order denying a timely motion for sentence modification – 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. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). 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 order or judgment being appealed, and the statute's filing requirements are jurisdictional.

Mitchell v. State · filed 2020-03-24(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 after entry of the judgment or order, and the requirement is jurisdictional.

Jones v. Department of Corrections · filed 2020-04-03(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 requires an application for discretionary review to be filed within 30 days of the order or judgment and treats those requirements as jurisdictional.

Edwards v. Georges · filed 2020-08-17(d), (j)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d), (j). 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 a discretionary application within 30 days after entry of the order or judgment, and an untimely application must be dismissed.

Andrew White Payne v. Timothy C. Ward, Commissioner, Georgia Department of Corrections · filed 2021-04-21(d)

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). Compliance with this statutory deadline is an absolute requirement to confer jurisdiction in this Court, and thus, the untimely filing of a discretionary application requires its dismissal.
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Section 5-6-35(d) requires a discretionary-review application within 30 days after entry of the judgment or order, and the deadline is jurisdictional.

Schroeder v. State · filed 2021-07-01(d)

First, Schroeder’s application is untimely. 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 requires a discretionary-review application to be filed within 30 days of the order and treats that filing requirement as jurisdictional.

Makala Gill v. Collins · filed 2022-02-04(d), (j)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d), (j). 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 of the order and makes that requirement jurisdictional.

Littlejohn v. Goldman · filed 2021-10-08(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). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012); 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 of the judgment or order appealed from, and the deadline is jurisdictional.

Calhoun v. Harrell · filed 2021-12-07(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 of the judgment or trial-court order being appealed, and the filing requirements are jurisdictional.

Stanford Usher v. State · filed 2022-01-25(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 a discretionary-review application to be filed within 30 days of entry of the order, and the deadline is jurisdictional; a child-support worksheet is not an order, decision, or judgment under the subsection.

Poole v. Poole · filed 2022-02-07(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 to be appealed, and the deadline is jurisdictional.

In the Interest of B. F., Children (Mother) · filed 2022-06-02(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 a discretionary appeal application to be filed within 30 days of the judgment or order being appealed, and the deadline is jurisdictional.

Looney v. State · filed 2022-07-28(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. ... “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an application for appeal not made in compliance therewith.”
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Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and compliance with its requirements is jurisdictional.

Jackson v. State · filed 2022-09-02(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). Jackson filed his application 162 days after entry of the order he seeks to appeal. His application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Subsection (d) requires a discretionary-appeal application to be filed within 30 days after entry of the order being appealed, and the requirements of § 5-6-35 are jurisdictional.

Phillips v. State of Georgia · filed 2022-09-06(d)

An application 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 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, and compliance with that requirement is jurisdictional.

Jones v. Professional Financial Services, Inc. · filed 2023-10-24(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-review application to be filed within 30 days, and the statute's requirements are jurisdictional.

Jackson Sr. v. Lehern McGovern Bovis, Inc. · filed 2024-05-06(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order at issue. 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 of the order being appealed, and compliance with § 5-6-35 is jurisdictional.

Herbert v. State · filed 2024-07-10(d)

However, the application for a discretionary appeal must be filed within 30 days of the order being 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Herbert filed his application 94 days after entry of the order he seeks to appeal. Given that the application is untimely, we are without jurisdiction to consider it.
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Section 5-6-35(d) requires a discretionary-review application to be filed within 30 days after entry of the order or judgment, and compliance with § 5-6-35 is jurisdictional.

L. River James v. Developers-Investors, Inc · filed 2025-02-14(d)

An application for discretionary review must be filed within 30 days of entry of the order or 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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Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order sought to be appealed, and compliance is jurisdictional.

Kerlin v. Reaves-Phams · filed 2025-03-17(d)

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

Dunn v. Matthews · filed 2025-05-29(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 after entry of the order or judgment, and compliance with the statute is jurisdictional.

Progressive Express Insurance Company v. Mask · filed 2025-07-30(d)

An application for discretionary review must be filed within 30 days of entry of the order or 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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Subsection (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.

Benning v. Tyrone Oliver, Commissioner of Georgia Department of Corrections · filed 2025-08-26(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 of the order being appealed, and compliance with the statute is jurisdictional.

Dunn v. Kathy Page, in Her Official Capacity as Clerk of Superior Court of Dade County, Georgia · filed 2025-08-29(d)

An application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.
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Notes 3001–3150 of 4,287, oldest cases first.

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