Ga. Code Ann. § 5-6-35

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

Suarez v. Marrero · filed 2025-10-09(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.

Section 5-6-35(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.

Williams v. State · filed 2025-11-03(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.

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

Davis-Brown v. Brown Jr · filed 2026-01-02(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 therewith.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and its requirements are jurisdictional.

Seabrian v. Georgia Department of Human Services, Ex Rel. Mykael A. Williams · filed 2026-06-03(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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and compliance with the statute is jurisdictional.

In the Interest of J. M., a Child (Father) · filed 2021-01-25(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.

A discretionary appeal application must be filed within 30 days of the order appealed; the filing requirement is jurisdictional.

Diarra v. State · 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.

A child-custody order, including an order concerning grandparent visitation, is directly appealable, so a party need not use the discretionary-appeal procedure under § 5-6-35(a)(2); a timely discretionary application may nevertheless be granted under § 5-6-35(j) when the order is subject to direct appeal.

Hogan v. Brown · filed 2013-05-02(a)(2), (j)

The effect of this broad language is that a party seeking to appeal any order in a child custody case is no longer required to comply with the discretionary appeal procedure of OCGA § 5-6-35 (a) (2). See Cohen v. Cohen, 300 Ga. App. 7, 8 (1) (684 SE2d 94) (2009); Taylor v. Curl, 298 Ga. App. 45 (679 SE2d 80) (2009). ... 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).

Section 5-6-35(j) requires the Court of Appeals to grant a timely discretionary application when the lower-court order is directly appealable and the applicant has not already filed a notice of appeal.

Patton v. Ginne K. Miller · filed 2013-05-06(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).

Section 5-6-35(j) requires the Court of Appeals to grant an otherwise timely discretionary-appeal application when the order at issue is subject to direct appeal.

Scott v. Randall · filed 2013-06-20(j)

Under OCGA § 5-6-35 (j), this Court will grant an otherwise timely application for discretionary appeal if the order is subject to direct appeal. As the order at issue is subject to direct appeal, this application is hereby GRANTED.

Subsection (j) provides the basis for granting a discretionary-appeal application when the order being challenged is directly appealable.

Mahdi v. Green Tree Servicing, LLC · filed 2013-07-10(j)

Orders granting summary judgment may be appealed directly; no application is necessary. See OCGA § 9-11-56 (h); Whiddon v. Stargell, 192 Ga. App. 826, 828 (386 SE2d 884) (1989).1 If a party applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j).

Subsection (j) permits the Court of Appeals to grant a timely discretionary application when the order is directly appealable and the applicant has not already filed a notice of appeal.

April Slay v. Calhoun · filed 2014-06-25(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). Accordingly, this application is hereby GRANTED.

Subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary-appeal application when the lower court’s order is subject to direct appeal.

Barnett v. State · filed 2014-09-10(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) requires the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Chatman v. State · filed 2015-05-11(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). Accordingly, Chatman’s application is GRANTED.

A timely discretionary application is granted when the lower court’s order is subject to direct appeal.

Ireland v. State · filed 2015-08-21(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Ireland shall have ten days from the date of this order to file a notice of appeal with the trial court.

Subsection (j) requires the appellate court to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

In the Interest of K.S., a Child · filed 2015-09-21(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).

Section 5-6-35(j) provides that a timely discretionary application should be granted when the lower court's order is subject to direct appeal.

Rashad v. Dawn Brookins · filed 2015-10-22(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Subsection (j) permits the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Lofton v. State · filed 2016-05-11(j)

However, Lofton’s conviction is a directly appealable final judgment. We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) directs the Court of Appeals to grant a timely discretionary application when the lower court's order is directly appealable.

Koroma v. State · filed 2016-08-10(j)

This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j). From the limited application material submitted, it appears that Koroma’s motion was filed within one year of his sentencing, rendering the order denying the motion directly appealable. Accordingly, this application is hereby GRANTED.

Subsection (j) provides that an otherwise timely discretionary application is granted when the lower court's order is directly appealable and the applicant has not already filed a notice of appeal.

In the Interest Of: L. A. D., E. A. D., and A. A. D., Children (Mother) · filed 2016-10-25(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). Accordingly, these applications are hereby GRANTED.

Section 5-6-35 (j) requires the Court of Appeals to grant a timely discretionary application when the lower court's order is subject to direct appeal.

Hill v. Davis · filed 2016-12-07(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. Accordingly, this application is hereby GRANTED.

Section 5-6-35(j) permits the Court of Appeals to grant a timely discretionary application when the lower court's order is directly appealable and the applicant has not already filed a notice of appeal.

Hill v. Iles · filed 2016-12-14(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).

Subsection (j) provides that the Court of Appeals will grant a timely discretionary application when the lower court’s order is subject to direct appeal.

In the Interest Of: B. N., a Child (Mother) · filed 2017-02-22(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal.

Section 5-6-35 (j) requires the Court of Appeals to grant a timely discretionary application when the lower court's order is directly appealable.

Honaker v. Honaker · filed 2017-07-04(j)

This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j).

Subsection (a) does not require a discretionary appeal when the challenged order is directly appealable, and subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary application in that circumstance.

Turner v. State · filed 2017-08-22(a), (j)

It appears, however, that no provision of OCGA § 5-6-35 (a) applies here, and the order Turner wishes to appeal is directly appealable. Pursuant to OCGA § 5-6-35 (j), this Court will grant an otherwise timely discretionary application if the lower court’s order is directly appealable.

Section 5-6-35(j) requires the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Icot Holdings, LLC v. Young · filed 2017-11-27(j)

Pursuant to OCGA § 5-6-35 (j), we will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal.

Section 5-6-35(j) permits the Court of Appeals to grant a timely discretionary application when the lower court's order is directly appealable and the applicant has not already filed a notice of appeal.

Manigo v. Hawkins · filed 2018-01-30(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). Accordingly, this application is hereby GRANTED.

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.

Carbonara v. Fortress Group, Inc. · filed 2018-02-07(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).

Section 5-6-35(j) directs the Court of Appeals to grant an otherwise timely discretionary application when the lower court’s order is directly appealable.

Lonnie Love v. Hinton · filed 2018-04-05(j)

This Court will grant an otherwise timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Love shall have ten days from the date of this order to file a notice of appeal with the trial court.

Section 5-6-35(j) provides that an otherwise timely discretionary appeal should be granted when the lower court’s order is subject to direct appeal.

E. Howard Carson, Jr. v. Brown · filed 2018-04-05(j)

It appears that the order the applicants seek to appeal is directly appealable. All judgments or orders granting or refusing to grant mandamus are directly appealable. OCGA § 5-6-34 (a) (7); In re Paul, 270 Ga. 680, 682 (513 SE2d 219) (1999) (“Besides final judgments, the statute provides for the direct appeal of judgments or orders that may have an irreparable effect on the rights of parties, such as rulings in contempt, injunction, and mandamus actions.”). We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) gives the appellate court jurisdiction and requires it to grant a timely discretionary application when the case is directly appealable but not subject to discretionary appeal and no timely notice of appeal was filed.

Bright v. State · filed 2018-04-20(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.

Subsection (j) supports granting a timely discretionary application when the challenged lower-court order is directly appealable.

Ingrid Griffin v. Griffin · filed 2018-06-04(j)

This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Section 5-6-35(j) requires the appellate court to grant a timely discretionary application when the challenged lower-court order is directly appealable.

Spence v. Spence · filed 2018-06-27(j)

Under OCGA § 5-6-34 (a) (11), “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody” are directly appealable. In addition, “[u]nder Georgia law, visitation rights are a part of custody.” Vines v. Vines, 292 Ga. 550, 551 (2) (739 SE2d 374) (2013). In his application, Samuel L. Spence challenges, among other things, the trial court’s custody and visitation rulings. Thus, the order at issue here is directly appealable. This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Subsection (j) permits the Court of Appeals to grant an otherwise timely discretionary-appeal application when the challenged order is subject to direct appeal.

Willis Insurance Services of Georgia, Inc. v. Hartman · filed 2018-08-20(j)

This Court will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) requires an otherwise timely discretionary-appeal application to be granted when the lower court’s order is subject to direct appeal.

East Central Georgia Ems Council v. Gold Cross Ems, Inc. · filed 2018-11-26(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and the Council shall have ten days from the date of this order to file a notice of appeal with the trial court.

Subsection (j) directs the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Audrea Marks v. Soles · filed 2015-09-21(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Subsection (j) requires the Court of Appeals to grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

Laster v. State · filed 2017-11-14(j)

We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Laster shall have ten days from the date of this order to file a notice of appeal in the trial court.

Section 5-6-35(j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Vieyra v. State · filed 2019-04-30(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal.

Subsection (j) permits the Court of Appeals to grant a timely discretionary application when the lower court’s order is directly appealable and the applicant has not already filed a notice of appeal.

In the Interest of Baby Girl N. (A Child) · filed 2021-02-23(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). Accordingly, this application is hereby GRANTED.

Subsection (j) directs the court to grant a timely discretionary application when the lower-court order is directly appealable; after the grant, subsection (g) requires a notice of appeal within ten days.

Tucker v. Corbett Tucker · filed 2021-03-25(j), (g)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. See City of Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this application is hereby GRANTED.

Subsection (j) permits the court to grant a timely discretionary application when the lower-court order is directly appealable.

Edwards v. Phoebe Putney Memorial Hospital · filed 2021-06-02(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal.

Subsection (j) permits granting a timely discretionary application when the lower-court order is directly appealable, after which subsection (g) requires a notice of appeal within ten days.

Grimes v. Grimes · filed 2021-07-23(j), (g)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

When the lower-court order is directly appealable, subsection (j) permits granting an otherwise timely discretionary application.

Lewis v. Fidelity National Title Insurance Company · filed 2021-08-26(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal.

Subsection (j) requires granting a timely discretionary-appeal application when the lower-court order is directly appealable.

In the Interest of N. C., Children (Mother) · filed 2021-11-08(j)

We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal.

Section 5-6-35(j) requires granting a timely discretionary application when the lower court's order is directly appealable.

In the Interest of D. M. P., a Child (Grandmother) · filed 2022-05-23(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).

Subsection (j) requires the Court of Appeals to grant an otherwise timely discretionary application when the underlying order is directly appealable.

In the Interest of K. H., a Child (Father) · filed 2023-10-02(j)

This Court will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal.

Section 5-6-35 (j) permits granting a timely discretionary appeal when the lower court’s order is subject to direct appeal.

Kennedy v. Billups · filed 2023-10-18(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 (j) requires the Court to grant a timely discretionary-review application when the lower court’s order is directly appealable.

Tinch v. Fuller · filed 2023-11-30(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Subsection (j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Modi v. India American Cultural Association (Iaca) · filed 2024-04-22(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED, and Modi shall have ten days from the date of this order to file a notice of appeal in the trial court.

Section 5-6-35(j) directs that a timely discretionary application be granted when the lower court’s order is subject to direct appeal.

Hawkins v. Galvin · filed 2024-05-02(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) provides that an otherwise timely discretionary application will be granted when the lower court’s order is subject to direct appeal.

Dubreuiel v. Dubreuiel · filed 2024-05-28(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). Accordingly, Donald’s application is GRANTED.

Subsection (j) provides that the Court of Appeals will grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

Johnson v. Paul G. Harden, Jr. · filed 2024-09-11(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) provides that the Court of Appeals will grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

Mance v. Gwinnett County · filed 2024-09-30(j)

This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j).

Section 5-6-35 (j) requires a timely discretionary application to be granted when the lower-court order is subject to direct appeal.

Leopoldo's Pizza Napoletana, Inc. v. Jessica Maxwell as Administrator for the Estate of Anna Lynn Jones · filed 2024-11-20(j)

This Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Leopoldo’s shall have ten days from the date of this order to file a notice of appeal with the trial court, if it has not already done so. See OCGA § 5-6-35 (g).

Subsection (j) requires the appellate court to grant a timely discretionary-appeal application when the challenged order is subject to direct appeal.

Weeks v. Clay · filed 2025-02-03(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) requires the Court of Appeals to grant an otherwise timely discretionary application when the challenged order is directly appealable.

Hope v. Faith Hope · filed 2025-02-10(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). Accordingly, Abraham’s application is GRANTED. He shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. See OCGA § 5-6-35 (g).

Subsection (j) provides that an otherwise timely discretionary-appeal application should be granted when the lower court’s order is subject to direct appeal.

Florence v. Jerrie Dean Ryles Florence · filed 2025-06-11(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal.1 See OCGA § 5-6-35 (j).

Subsection (j) directs the Court of Appeals to grant a timely discretionary-review application when the lower court’s order is subject to direct appeal.

Sullivan v. State · filed 2025-07-30(j)

Under OCGA § 5-6-35 (j), we will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Section 5-6-35 (j) requires granting a timely discretionary-appeal application when the challenged order is directly appealable.

Brock v. Bittick · filed 2025-10-24(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) requires the Court of Appeals to grant a timely application for discretionary review when the lower court's order is subject to direct appeal.

Dunn v. Dunn · filed 2025-11-06(j)

Ordinarily, appeals of orders in domestic relations cases must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b). Under OCGA § 5-6-34 (a) (11), however, direct appeals are permitted from “[a]ll judgments or orders in child custody cases awarding, refusing to change, or modifying child custody or holding or declining to hold persons in contempt of such child custody judgment or orders.” ... Thus, the order Danny seeks to appeal is directly appealable. Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. ... Accordingly, this application is hereby GRANTED. Danny shall have ten days from the date of this order to file a notice of appeal in the superior court. See OCGA § 5-6-35 (g).

Subsection (j) directs the Court of Appeals to grant a timely discretionary application when the lower court's order is subject to direct appeal.

Sudah v. Butts · filed 2026-02-17(j)

This Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35(j). Accordingly, the mother’s application is hereby GRANTED.

Subsection (j) provides that a timely discretionary application is granted when the lower-court order is subject to direct appeal.

Blackwell v. State · filed 2025-11-24(j)

This Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) allows the court to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

In the Interest Of: T. T., a Child (Mother) · filed 2014-03-18(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). Accordingly, the mother’s application is hereby GRANTED.

Subsection (j) provides that an otherwise timely discretionary-appeal application is granted when the lower court’s order is subject to direct appeal.

Jones v. State · filed 2013-05-09(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) permits 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.

Doyle v. Cannon · filed 2013-08-07(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). Accordingly, this application is hereby GRANTED.

Subsection (j) permits the Court of Appeals to grant an otherwise timely interlocutory application when the lower court’s order is directly appealable and the applicant has not already filed a notice of appeal.

Barbour-Amir v. Comcast of georgia/virginia, Inc. · filed 2014-09-22(j)

This Court will grant an otherwise timely interlocutory 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).

Section 5-6-35(j) permits the Court of Appeals to grant an otherwise timely discretionary application when the order is subject to direct appeal and the applicant has not timely filed a notice of appeal.

Williams v. U.S. Bank, National Association · filed 2014-10-29(j)

This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j) if the order is subject to direct appeal and the applicant has not timely filed a notice of appeal.

Subsection (j) requires the appellate court to exercise jurisdiction and grant a timely discretionary application filed from an order subject to direct appeal.

Johnson v. Bank of America, N.A. · filed 2014-10-29(j)

The order Johnson seeks to appeal is a final order, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply. When an applicant files a timely discretionary application from an order subject to direct appeal, OCGA § 5-6-35 (j) provides that “the appellate court shall have jurisdiction to decide the case and shall grant the application.”

Section 5-6-35(j) provides that a timely discretionary application is granted when the lower court's order is subject to direct appeal.

Richard v. Public Storage, a Maryland Real Estate Investment Trust · filed 2015-06-22(j)

The final judgment at issue here is directly appealable under OCGA § 5-6-34 (a) (1). We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) permits the court to grant an otherwise timely discretionary application when the order is directly appealable and the applicant did not timely file a notice of appeal.

Barbara Bender, in her official capacity as council member, City of Snellville, et al. v. Kautz · filed 2015-06-22(j)

This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j) if the order is subject to direct appeal and the applicant has not timely filed a notice of appeal.

Section 5-6-35(a) does not require a discretionary application for an order confirming an arbitration award, so that order is subject to direct appeal.

Bailey v. Wells Fargo Bank, N.A. · filed 2015-10-06(a)

However, no provision of OCGA § 5- 6-35 (a) requires the filing of a discretionary application from such an order. Therefore, the order is subject to direct appeal.

Subsection (j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Roundtree v. State · filed 2016-09-09(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal.

Section 5-6-35 (j) permits the Court of Appeals to grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

BRENDA GATES v. TAYLOR COUNTY SCHOOL DISTRICT · filed 2017-08-22(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) permits a timely discretionary-appeal application when the lower court's order is subject to direct appeal; it does not authorize an application where the order is not subject to direct appeal.

Malcolm v. Crawford · filed 2017-10-11(j)

As a threshold matter, we note that no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply to the case at bar. Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Here, however, the trial court’s order is not subject to direct appeal. ... Accordingly, we lack authority to grant Malcolm’s application under OCGA § 5-6-35 (j), and it is hereby DISMISSED.

A timely discretionary application is granted when the lower court’s order is subject to direct appeal.

Park-Poaps v. Poaps · filed 2019-03-21(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Subsection (j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Cherie Long v. Duane P. Truex, III · filed 2020-03-13(j)

Pursuant to OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal.

Section 5-6-35(j) provides that a timely application for discretionary appeal should be granted when the lower court’s order is directly appealable.

Sullivan v. State · filed 2021-09-15(j)

We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal.

Section 5-6-35(j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Shedd v. State · filed 2021-12-27(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) requires the Court of Appeals to grant a timely application for discretionary appeal when the lower court’s order is subject to direct appeal.

Wooten v. State · filed 2022-02-07(j)

We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(a)(1) generally requires a discretionary-appeal application for superior-court decisions reviewing state or local administrative-agency decisions, but no application is required when the agency made no decision on the merits.

Bcg Operations, LLC v. Town of Homer, Georgia · filed 2022-04-06(a)(1), (j)

Pursuant to OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be brought by application for discretionary appeal. However, we have not required an application in cases where the administrative agencies made no decisions.

Subsection (j) directs the Court of Appeals to grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

Jermaine Bullard, Sr. v. Merriweather · filed 2022-08-11(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Section 5-6-35 requires an application for discretionary appeal for damages actions in which the judgment is $10,000 or less and for appeals from orders denying motions to set aside judgments under OCGA § 9-11-60 (d).

Fulton v. State Farm Mutual Automobile Insurance Company · filed 2022-09-08(a)(6) and (a)(8)

First, as State Farm contends in its motion to dismiss, the discretionary appeal process applies to “[a]ppeals in all actions for damages in which the judgment is $10,000.00 or less[.]” See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). The trial court’s judgment in this case was less than $10,000, so Fulton was required to file an application for discretionary appeal to obtain appellate review. ... Second, an application for discretionary appeal was also required under OCGA § 5-6-35 (a) (8) because the trial court denied a motion to set aside that was brought under OCGA § 9-11-60 (d). See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35 requires appeals from divorce and other domestic-relations judgments, as well as denials of motions to set aside final judgments, to be brought by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Somasundaram v. Kandasami · filed 2022-09-19(a)(2), (a)(8), (b)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 also must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires appeals from superior court decisions reviewing lower-court decisions by petition for review to be initiated through an application for discretionary appeal.

Sachdeva v. James Lewis Redmond, III · filed 2025-10-14(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b).

Section 5-6-35(j) requires the Court of Appeals to grant a timely discretionary application when the lower court's order is directly appealable, after which subsection (g) gives the appellant ten days to file a notice of appeal.

Arnold v. State · filed 2026-06-26(j)

While “[d]irect appeals from guilty pleas” must be brought by application, see OCGA § 5-6-35(a)(5.3), appeals from denials of motions to withdraw guilty pleas remain directly appealable. ... This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35(j). Accordingly, this application is hereby GRANTED. Arnold shall have ten days from the date of this order to file a notice of appeal with the trial court if he has not already done so. See OCGA § 5-6-35(g).

Section 5-6-35 requires a discretionary appeal for domestic-relations matters arising from a divorce decree when child custody is not at issue, including contempt orders.

Beacham v. Beacham · filed 2019-04-30(a)(2), (b)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) treats Family Violence Act actions as domestic-relations cases, so appeals in those actions must proceed by application for discretionary appeal.

Ramirez v. Gersen · filed 2015-03-03(a)(2)

In Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), the Supreme Court determined that actions arising under the Family Violence Act, OCGA § 19-13-1 et seq., constitute domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2). Accordingly, appeals in family violence actions must be made by application for discretionary appeal. See Schmidt, supra.

Section 5-6-35(a)(2) treats a case involving collection of child support as a domestic-relations matter that must be appealed by discretionary application.

Heidi Gray v. Mickey Charles Gray · filed 2013-05-09(a)(2)

A case that “involves collection of child support [monies] is a domestic relations matter” within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35(a)(2) requires an application for discretionary appeal to obtain review of an order denying a petition to legitimate a minor child.

Doyle v. Cannon · filed 2014-03-27(a)(2)

Second, even if Doyle had filed a timely notice of appeal, orders denying petitions to legitimate are domestic relations cases, which must be appealed by application for discretionary appeal. See Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985); OCGA § 5-6-35 (a) (2). Accordingly, Doyle was required to file an application for discretionary appeal to obtain review of this order.

Section 5-6-35(a)(2) treats a case involving collection of child-support monies as a domestic-relations matter requiring an application for discretionary appeal.

Brooker v. Brown · filed 2014-04-02(a)(2)

A case that “involves collection of child support [monies] . . . is a domestic relations matter” within the meaning of OCGA § 5-6-35 (a) (2). (Punctuation and citation omitted.) Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012). Appeals in such matters must be taken by application for discretionary appeal. Id.

Section 5-6-35(a)(2) treats a case involving collection of child support monies as a domestic relations matter, so an appeal in that matter must be taken by application for discretionary appeal.

Brooker v. Brown · filed 2014-04-23(a)(2)

A case that “involves collection of child support [monies] . . . is a domestic relations matter” within the meaning of OCGA § 5-6-35 (a) (2). (Punctuation and citation omitted.) Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012). Appeals in such matters must be taken by application for discretionary appeal. Id.

Section 5-6-35 (a)(2) treats child-support-collection cases as domestic-relations matters, so appeals in those matters must be taken by application for discretionary appeal.

Jones v. Georgia Department of Human Services · filed 2014-07-31(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35(a)(2) treats child-support-collection cases as domestic-relations matters that must be appealed by application for discretionary appeal.

Nokia Crane v. the Georgia Department of Human Services, Ex Rel., Yasmine A. Crane · filed 2014-10-29(a)(2)

This case involves the collection of child support, and therefore it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra.

Section 5-6-35(a)(2) requires appeals in domestic-relations cases to be taken by application for discretionary appeal.

Billy E. Taylor, Jr. v. Glynnis Davis Taylor-Newton F/K/A Glynnis Davis Taylor · filed 2014-11-19(a)(2)

Appeals in domestic relations cases must be taken by application for discretionary appeal as required under OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) treats child-support cases as domestic-relations matters requiring an application for discretionary appeal.

Wright v. Georgia Department of Human Services Division of Child Support Services · filed 2015-02-05(a)(2)

Because this case involves child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra.

Section 5-6-35(a)(2) treats appeals involving only child support as domestic-relations matters that must be brought by application for discretionary appeal.

Armstead v. Parmer · filed 2015-02-18(a)(2)

Because this case involves only the issue of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra.

Section 5-6-35(a)(2) requires a discretionary appeal application for an appeal arising from a domestic relations matter.

Cleary v. Burke · filed 2015-03-10(a)(2)

A discretionary application, however, was not necessary. Based on the application materials provided, it appears that the protective order did not arise out of a domestic relations matter that would be subject to the discretionary appeal procedures in OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) treats child-support collection cases as domestic-relations matters requiring an application for discretionary appeal.

Harris v. Georgia Department of Human Resources, Ex. Rel., Kasai Dane Harris · filed 2015-04-10(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra.

Section 5-6-35(a)(2) treats appeals involving the collection of child support as domestic-relations matters that must be brought by application for discretionary appeal.

Evereteze v. Blowe · filed 2015-07-08(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Smoak v. Department of Human Resources, 221 Ga. App. 257 (471 SE2d 60) (1996). Appeals in such matters must be taken by application for discretionary appeal. See Smoak, supra.

Section 5-6-35(a)(2) requires appeals in domestic-relations cases, including legitimation actions, to follow the discretionary-appeal procedure.

Grady v. Bennett · filed 2016-05-11(a)(2)

However, appeals in domestic relations cases must comply with the discretionary appeal procedure, and a legitimation action is a domestic relations case. See OCGA § 5-6-35 (a) (2); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Accordingly, Grady was required to file an application for discretionary appeal to obtain review of this order.

Section 5-6-35 (a)(2) requires an application for discretionary appeal in domestic-relations matters, including appeals involving the collection of child support.

Fordham v. Morganco · filed 2016-05-13(a)(2)

First, this case involves the collection of child support. Accordingly, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35(a)(2) requires a discretionary appeal in a case involving collection of child support because it is a domestic-relations matter, and subsection (a)(8) requires a discretionary appeal from denial of a motion to set aside on OCGA § 9-11-60(d) grounds.

LEON HEARD v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., LEON A. BANKS · filed 2016-08-10(a)(2), (a)(8)

First, a case that "involves collection of child support [monies] . . . is a domestic relations matter" within the meaning of OCGA § 5-6-35 (a) (2). Collins v. Davis, 318 Ga. App. 265, 266-267 (1) (733 SE2d 798) (2012) (punctuation and citation omitted). Appeals in such matters must be taken by application for discretionary appeal, and Heard’s failure to follow the appropriate appellate procedure deprives us of jurisdiction to consider this direct appeal. See id. at 267-268 (1); Fitzgerald v. Department of Human Resources, 231 Ga. App. 129, 129-130 (497 SE2d 659) (1998). In addition, an appeal from the denial of a motion to set aside on grounds authorized under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(2) treats appeals involving the collection of child support as domestic-relations matters that must be brought by application for discretionary appeal.

Ali v. Georgia Department of Human Resources Ex. Rel., J. K. A. · filed 2016-10-03(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35(a)(2) treats appeals involving child support as domestic-relations matters that must be brought by application for discretionary appeal.

Farmer v. Georgia Department of Human Services, Ex Rel., Jaylen M. Farmer · filed 2016-12-07(a)(2)

The only order in the record is an order for paternity and child support entered on March 12, 2016. Because that order involves child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Collins v. Davis, 318 Ga. App. 265, 266 (1) (733 SE2d 798) (2012); Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426 (731 SE2d 110) (2012). Appeals in such matters must be taken by application for discretionary appeal.

Subsection (a)(2) treats an appeal involving the collection of child support as a domestic-relations matter requiring an application for discretionary appeal.

Johnson v. Johnson · filed 2017-03-22(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires a discretionary-appeal application for domestic-relations matters involving rights and obligations created by a settlement agreement incorporated into a divorce decree when child custody is not at issue.

Veselica v. Veselica · filed 2017-04-11(a)(2)

Where, as here, the underlying action involves rights and obligations created by a settlement agreement incorporated into a divorce decree, and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005); Collins v. Davis, 318 Ga. App. 265, 266-267 (1) (733 SE2d 798) (2012). Appeals in such matters must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) treats matters involving the collection of child support as domestic-relations matters requiring a discretionary appeal.

Clark v. Toni Brewer · filed 2017-04-27(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35 (a) (2) treats appeals involving child support as domestic-relations matters that must be pursued by discretionary application.

Sletteland v. Claudia De Araujo Vianna · filed 2017-05-18(a)(2)

Because the order Sletteland seeks to appeal involves child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35 (a)(2) treats a domestic-relations matter not involving child custody as requiring initiation by application for discretionary appeal.

Moore v. Moore · filed 2017-07-27(a)(2)

Where, as here, the underlying action involves rights and obligations created by a settlement agreement incorporated into a divorce decree, and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires an application for discretionary appeal when the case is a domestic-relations matter involving the collection of child support.

David Wayne Gallemore, III v. White · filed 2017-07-31(a)(2)

First, because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2), and appeals in such matters must be taken by application for discretionary appeal.

Section 5-6-35 (a)(2) treats child-support collection as a domestic-relations matter requiring an application for discretionary appeal.

Rasheed v. El Badaoui · filed 2017-07-31(a)(2)

Because this case involves the collection of child support, it is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 426-427 (731 SE2d 110) (2012); Davis v. Welch, 205 Ga. App. 462, 463 (422 SE2d 323) (1992). Appeals in such matters must be taken by application for discretionary appeal. See Booker, supra; Davis, supra.

Section 5-6-35(a)(2) requires a discretionary appeal application for appeals in domestic-relations cases, including legitimation actions.

Davis v. Walton · filed 2017-09-15(a)(2)

However, appeals in domestic relations cases must comply with the discretionary appeal procedure, and a legitimation action is a domestic relations case. See OCGA § 5-6-35 (a) (2); Cloud v. Norwood, 321 Ga. App. 218 (739 SE2d 93) (2013); Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985). Accordingly, Davis was required to file an application for discretionary appeal to obtain review of the trial court’s dismissal order.

Section 5-6-35 (a)(2) requires an application for discretionary appeal in domestic-relations matters, including an action concerning rights under a settlement agreement incorporated into a divorce decree that does not involve child custody.

Lambros v. Mary Lambros, by and Through Michael T. Smith, as Conservator for Mary Theo Lambros, an Adult Ward · filed 2017-10-11(a)(2)

First, the underlying action involves rights and obligations created by a settlement agreement incorporated into a divorce decree, and does not involve child custody, thus the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Thus, Lambros is not entitled to a direct appeal from the trial court’s order.

Section 5-6-35(a)(2) requires a discretionary application to appeal a domestic-relations matter arising from a divorce decree when child custody is not at issue.

Collier v. Delaigle · filed 2017-11-27(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree, and does not involve child custody, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). See Walker v. Estate of Mays, 279 Ga. 652, 653 (1) (619 SE2d 679) (2005). Appeals in such matters must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); accord Voyles v. Voyles, 301 Ga. 44, 47 (799 SE2d 160) (2017) (an appeal in a domestic relations case in which custody is not at issue must be brought by discretionary application). Here, Collier does not challenge custody. Therefore, he was required to file an application for discretionary appeal.

Section 5-6-35(a)(2) requires appeals in domestic-relations matters arising from divorce decrees to be initiated by an application for discretionary review.

Edee v. Edee · filed 2018-01-02(a)(2)

Where, as here, the underlying action involves rights and obligations arising out of a divorce decree, the case is a domestic relations matter within the meaning of OCGA § 5-6-35 (a) (2). ... Appeals in such matters must be initiated by filing an application for discretionary review.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic-relations cases to be brought by application for discretionary appeal.

Linnette Yard v. Yard · filed 2018-01-30(a)(2)

First, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). The wife’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal. See Russo v. Manning, 252 Ga. 155, 156 (312 SE2d 319) (1984).

Section 5-6-35(a)(2)'s discretionary-appeal requirement for domestic-relations matters does not cover stalking protective orders.

Bruno v. Light. · filed 2018-02-28(a)(2)

The protective order did not arise out of a domestic relations matter that would subject it to the discretionary appeal procedures in OCGA § 5-6-35 (a) (2). And we have consistently treated stalking protective orders as directly appealable.

Section 5-6-35(a)(2) requires an application for discretionary appeal from orders in domestic-relations cases, including suits on domesticated foreign divorce decrees.

Karlene A. Sears v. Duncan · filed 2018-08-27(a)(2)

Pursuant to OCGA § 5-6-35 (a) (2), appeals from orders in domestic relations cases must be brought by application for discretionary appeal. See Schmidt v. Schmidt, 270 Ga. 461, 462 (1) (510 SE2d 810) (1999). Because the instant case is based on rights and obligations that were created in the parties’ divorce decree, and the parties are the ex-spouses, it involves domestic relations and compliance with OCGA § 5-6-35 is required. This Court has held that a suit on a domesticated foreign divorce decree is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). Elmore v. Elmore, 177 Ga. App. 682, 682 (1) (340 SE2d 651) (1986).

Section 5-6-35(a)(2) requires an application for discretionary appeal from orders entered in domestic relations cases, including contempt orders, when the case is a divorce proceeding.

Osha Berry v. Donnie Berry · filed 2018-11-01(a)(2)

This case is part of the divorce proceeding between the parties and, as such, Osha Berry was required to file an application for discretionary appeal pursuant to OCGA § 5-6-35 (a) (2).

Appeals from judgments or orders in divorce, alimony, and other domestic relations cases must be pursued by application for discretionary appeal.

Charles Eugene Butcher, II v. Bailey · filed 2018-12-19(a)(2)

Second, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). The husband’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal.

Section 5-6-35 (a) (2) requires an application for discretionary appeal in domestic relations cases, including appeals involving the collection of child support.

Wilson v. Georgia Department of Human Services, Ex Rel., K. A. M. · filed 2019-01-17(a)(2)

OCGA § 5-6-35 (a) (2) provides that appeals in “domestic relations cases” must be brought by application for discretionary appeal. Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35 (a)(2) requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be taken by application for discretionary appeal.

Taylor v. Taylor · filed 2019-07-25(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Appeals in domestic relations cases, including actions to collect child support, must be brought by application for discretionary appeal.

LYNETTE BEAVERS v. GEORGIA DEPPARTMENT OF HUMAN SERVICES, Ex Rel., HANNAH BEAVERS · filed 2020-06-05(a)(2)

OCGA § 5-6-35 (a) (2) provides that appeals in “domestic relations cases” must be brought by application for discretionary appeal. Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35 requires appeals of domestic-relations orders, including actions under the Family Violence Act, to be initiated by an application for discretionary appeal.

Vinson v. Griswell · filed 2020-07-20(a)(2), (b)

However, appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal.

Section 5-6-35(a)(2) requires discretionary appeals from judgments or orders in divorce, alimony, and other domestic relations cases, while subsection (j) permits granting a timely discretionary application when the lower court's order is subject to direct appeal.

Graciano v. Moreno · filed 2020-10-21(a)(2), (j)

We conclude that this case is subject to direct appeal because it is not an appeal from a judgment or order in a “domestic relations case.” Under OCGA § 5-6-35 (a) (2), “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. Although a case involving legitimation or child custody ancillary to a divorce is generally considered a domestic relations case, see OCGA § 19-1-1 (a), here Moreno’s claims for legitimation, custody, and visitation are no longer at issue, and the case is simply a tort action for fraud.

Appeals in domestic-relations cases, including legitimation proceedings, must proceed by discretionary application.

Huang v. Cirillo · filed 2021-06-02(a)(2)

Under OCGA § 5-6-35 (a) (2), appeals in “domestic relations cases” must be brought by application for discretionary appeal.

Section 5-6-35 (a) (2) requires a party seeking to appeal an order in a divorce or other domestic-relations case to apply for discretionary appeal.

JOHNSON v. JOHNSON · filed 2022-10-17(a)(2)

Moreover, any party, including a third-party defendant, who seeks to appeal an order entered in a domestic relations case must follow the discretionary appeal procedure. See Horton v. Kitchens, 259 Ga. 446, 446 (2) (383 SE2d 871) (1989). Here, it appears that the underlying subject matter of this appeal arises from or is ancillary to divorce proceedings or is derived from a marital relationship and divorce. See Floyd v. Floyd, 250 Ga. 208, 208 (296 SE2d 607) (1982) (explaining that claim for equitable division of marital property derives from a marital relationship and divorce). As such, Debra was required to file an application for discretionary review under OCGA § 5-6-35 (a) (2). Her failure to do so deprives us of jurisdiction over this appeal. See Russo, 252 Ga. at 156.

Section 5-6-35 (a)(2) requires appeals in domestic relations cases to be brought by application for discretionary appeal.

Gomez v. Zagarella · filed 2022-11-07(a)(2)

Under OCGA § 5-6-35 (a) (2), appeals in “domestic relations cases” must be brought by application for discretionary appeal.

Section 5-6-35 requires appeals in domestic relations cases to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Campbell v. Campbell · filed 2023-02-08(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because this is a domestic relations case, Wife was required to comply with the discretionary appeal procedure to obtain review of the trial court’s order denying her motion. Her failure to do so deprives us of jurisdiction over these direct appeals, which are hereby DISMISSED.

Section 5-6-35(a)(2) requires an application for discretionary review to appeal an order in a domestic-relations case holding or declining to hold a person in contempt.

Trammell v. Trammell · filed 2023-08-03(a)(2)

Appeals from orders entered in domestic relations cases, including orders holding or declining to hold persons in contempt, must come by application for discretionary review. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155-156 (312 SE2d 319) (1984) (“A judgment of contempt regarding a domestic relations decree is appealable only by application for discretionary appeal.”).

Section 5-6-35 (a) (2) and (b) require appeals in domestic relations cases to be initiated by an application for discretionary review.

ERIC DANIEL DIAL v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, EX. REL., OLIVIA DIAL · filed 2023-11-29(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b).

Section 5-6-35 requires appeals from judgments or orders in domestic relations cases, including paternity actions, to be initiated through the discretionary-appeal procedure, and compliance is jurisdictional.

Salter v. Kirby · filed 2023-12-13(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). An action to determine paternity is a domestic relations case. OCGA § 19-1-1; Brown v. Dept. of Human Resources, 204 Ga. App. 27, 27 (418 SE2d 404) (1992) (“Appeals arising out of paternity petitions are domestic relations cases which require compliance with the discretionary appeal procedure of OCGA § 5-6-35.”). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Accordingly, Salter was required to comply with the discretionary appeal procedure to obtain review of the trial court’s order. His failure to do so deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Brown, 204 Ga. App. at 27.

Section 5-6-35 (a) (2) requires a party seeking review of a domestic-relations case, including a family-violence case, to follow the discretionary-appeal procedures.

Wilson v. Wilson · filed 2024-01-23(a)(2)

The trial court’s order is not subject to direct appeal. ... Pursuant to OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedures to obtain review in a domestic relations case, including those that involve family violence.

Section 5-6-35 (a)(2) requires a party seeking appellate review in a domestic relations case, including a family-violence case, to follow the discretionary appeal procedure.

Collins v. Collins · filed 2024-11-05(a)(2)

Under OCGA § 5-6-35 (a) (2), a party must follow the discretionary appeal procedure to obtain appellate review in a domestic relations case, including one involving family violence.

Section 5-6-35 (a) (2) requires discretionary applications for appeals in divorce, alimony, and similar domestic-relations cases, construed narrowly to cover cases like those specifically enumerated.

Dias v. Boone · filed 2025-02-18(a)(2)

Rather, as used in OCGA § 5-6-35 (a) (2), the phrase “other domestic relations cases” refers specifically to cases like divorce and alimony cases, and the orders covered by OCGA § 5-6-35 (a) (2) are orders like orders “granting or refusing a divorce or temporary or permanent alimony or holding or declining to hold persons in contempt of such alimony judgment or orders[.]”

Appeals from domestic-relations orders holding or declining to hold a person in contempt must be brought by discretionary application, and compliance with that procedure is jurisdictional.

STEVENS v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex Rel., KASSEEM STEVENS, II · filed 2025-03-28(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases,” including orders “holding or declining to hold persons in contempt” of such orders, must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) requires an application for discretionary appeal for appeals from domestic-relations orders holding or declining to hold a person in contempt.

Clarke v. Tammy Clarke, as of the Estate of Charles W. Clarke · filed 2026-05-22(a)(2)

Under OCGA § 5-6-35(a)(2), appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” of such orders must be made by application for discretionary appeal.

Section 5-6-35(b) requires a certificate of immediate review for this Court to have jurisdiction over an appeal from an interlocutory order.

In Re: Estate Of: John Asa Zachery, Sr. · filed 2013-05-15(b)

For this Court to have jurisdiction to consider an appeal of an interlocutory order, a certificate of immediate review is required. OCGA § 5-6-35 (b).

Section 5-6-35's discretionary-appeal procedure does not eliminate the separate interlocutory-appeal requirements of § 5-6-34(b) when seeking review of an interlocutory order.

Maestrey v. State · filed 2013-05-16

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 provides a discretionary-appeal route, but using it does not eliminate the separate requirements for an interlocutory appeal under § 5-6-34(b).

Harper III v. Harper · filed 2016-09-09

Although James Harper filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Filing a discretionary appeal application under § 5-6-35 does not excuse compliance with the interlocutory appeal procedures required by § 5-6-34 (b).

Meadows v. Meadows · filed 2019-10-04

Although Maureen filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b).

Section 5-6-35's discretionary-review procedure does not excuse a party seeking review of an interlocutory order from complying with the additional requirements of Section 5-6-34(b).

Starkey v. Starkey · filed 2020-12-23

Although the defendant filed an application for discretionary review, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 generally requires an application for discretionary appeal to obtain review of an OCGA § 9-15-14 attorney-fee award, but that procedure does not replace the interlocutory-appeal requirements when the case remains pending.

Miniatis v. Miniatis · filed 2024-10-31(a)(10), (b)

Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14. See OCGA § 5-6-35 (a) (10), (b). Here, however, it appears that the case remains pending below, as no final divorce decree has been entered. Accordingly, Wife was required to follow the interlocutory appeal procedure set forth in OCGA § 5-6-34 (b) — including obtaining a certificate of immediate review — to challenge the fee award.

Section 5-6-35 does not excuse a party appealing an interlocutory order from complying with the additional requirements of § 5-6-34 (b).

Davis v. State · filed 2013-12-04

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Section 5-6-35 does not excuse a party seeking review of an interlocutory order from complying with the additional requirements of Section 5-6-34(b).

Davis v. State · filed 2014-02-20

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35 does not excuse a party seeking review of an interlocutory order from complying with the additional requirements of § 5-6-34(b).

Fulton County School District v. Ronald A. Hatcher, Sr. · filed 2014-03-10

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Section 5-6-35 does not excuse a party seeking review of an interlocutory order from complying with the additional requirements of § 5-6-34(b).

Marion v. State · filed 2016-06-10

OCGA § 5-6-35, which governs the discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-...34 (b).

Section 5-6-35 does not excuse a party appealing an interlocutory order from complying with the additional requirements of § 5-6-34(b).

Williams v. State · filed 2019-01-08

OCGA § 5-6-35, the discretionary appeal statute, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b).

Appeals in divorce cases generally require an application for discretionary review, but when interlocutory appeal procedures also apply, the applicant must obtain a timely certificate of immediate review before filing the application.

Yarbrough v. Ware · filed 2024-12-19(a)(2), (b)

Although appeals in divorce cases generally must be initiated by filing an application for discretionary review, see OCGA § 5-6-35 (a) (2), (b), where, as here, both discretionary and interlocutory appeal procedures apply, an applicant must follow the interlocutory appeal procedures and obtain a ... timely certificate of immediate review from the trial court before filing an application.

Section 5-6-35(a) requires a discretionary appeal application when the underlying subject matter falls within a category listed in the statute, even if the judgment is otherwise directly appealable.

Numanovic v. Jones · filed 2013-05-16(a)

Both OCGA §§ 5-6-34 (a) and 5-6-35 (a) are involved when, as here, a trial court issues a judgment in a case covered by the direct appeal statute, but where the subject matter may also be covered under the discretionary appeal statute. “Where both the direct and discretionary appeal statutes are implicated, it is always the underlying subject matter that will control whether the appeal must be brought pursuant to OCGA § 5-6-34 or [OCGA] § 5-6-35.” ... Because the underlying subject matter of this appeal — the denial of Numanovic’s petition for legitimation and the termination of his parental rights — is listed in OCGA § 5-6-35 (a), Numanovic was required to follow discretionary appeal procedures.

Subsection (j) makes denial of a motion to withdraw a guilty plea directly appealable, while subsection (d) requires a discretionary-appeal application within 30 days of the order, judgment or decision at issue.

Altonio M. Brooks v. State · filed 2013-05-21(d), (j)

Although the denial of a motion to withdraw a guilty plea is directly appealable under OCGA § 5-6-35 (j), see Smith v. State, 283 Ga. 376 (659 SE2d 380) (2008), we lack jurisdiction to consider Brooks’ 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. See OCGA § 5-6-35 (d).