Ga. Code Ann. § 5-6-35

Section 5-6-35 requires an appeal from a superior-court order disposing of a de novo appeal from a magistrate-court decision to be initiated by an application for discretionary appeal, and compliance with that procedure is jurisdictional.

WILSON v. SUNNYLAND COMMUNITY, LLC · filed 2022-02-23(a)(11), (b)

As we explained when dismissing Wilson’s 2019 appeal, an appeal from a superior court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Henriquez v. Barnett · filed 2022-03-28(a)(11)

Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Henriquez was required to follow the discretionary appeal procedure to obtain review of the state court’s order. See OCGA § 5-6-35 (a) (11); Brown v. Rutledge, 263 Ga. 470, 470 (435 SE2d 187) (1993).

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

Miller v. Kasay Combs · filed 2022-06-01(a)(1)

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

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

PITTMAN v. WOODARD · filed 2022-08-10(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

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

Wesley v. Hubbard · filed 2023-03-06(a)(1)

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

Section 5-6-35(a)(11) requires an appeal from a state court order disposing of a de novo appeal from a magistrate court decision to be initiated by an application for discretionary appeal.

Garrett v. 2018-3 Ih Borrower, Lp · filed 2023-08-28(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

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

Alvarez v. U.S. Bank National Trust National Association, as Trustee of Lsf9 Master Participation Trust · filed 2023-11-28(a)(11), (b)

An appeal from a superior court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal.

Section 5-6-35(a)(11) requires an appeal from a state-court order resolving a de novo appeal from a magistrate court decision to be initiated by an application for discretionary appeal.

MAXWELL v. BOWMAN STATION NRDE, LLC · filed 2023-12-19(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (punctuation omitted). Maxwell’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Stephens v. McElroy · filed 2024-01-17(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal.

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

Lawton v. Williams · filed 2024-03-19(a)(11), (b)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(11) requires an appeal from a state court order disposing of a de novo appeal from a magistrate court decision to be initiated by an application for discretionary appeal.

Davis v. L&J Auto Sales & Leasing, LLC · filed 2024-04-15(a)(11)

Pretermitting the issue of the judgment amount, see OCGA § 5-6-35 (a) (6), ... an appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary appeal.

Section 5-6-35 requires a party seeking review of a superior court decision reached through a de novo appeal from magistrate court to follow the discretionary-appeal procedures, and compliance is jurisdictional.

Hines v. Susan Property Management, LLC · filed 2024-06-05(a)(1), (b)

Because this case reached the superior court through a de novo appeal from the magistrate court, Hines was required to follow the discretionary appeal procedures to obtain review of the superior court’s decisions in this Court. See OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Subsections (a)(11) and (b) require an application for discretionary review when appealing a state-court order resolving a de novo appeal from a magistrate-court decision.

HUDSON v. FIFTH BEDFORD-PINE APARTMENTS, L.P. · filed 2024-09-12(a)(11), (b)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

Section 5-6-35 (a)(11) requires an application for discretionary review to initiate an appeal from a state-court decision reviewing a magistrate-court decision by de novo proceedings.

Booth v. Benitez · filed 2025-01-13(a)(11)

Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35(a)(11) requires a discretionary appeal when an appeal arises from a state court’s de novo review of a magistrate court ruling.

Leslie v. Experian Information Solutions, Inc. · filed 2025-02-19(a)(11)

Pretermitting whether the trial court’s order was a final one subject to direct review, see OCGA § 5-6-34 (a), because the appeal to this Court arises from the state court’s de novo review of a magistrate court ruling, Leslie was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (11); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

RICHARDSON v. REALISTRY ACQUISITIONS, LLC · filed 2026-04-29(a)(1)

First, because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, the Defendants were required to follow the discretionary appeal procedures. See OCGA § 5-6-35(a)(1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35 requires the order supporting a discretionary-appeal application to be stamped “filed,” imposes a 30-day filing deadline, and makes compliance with those requirements jurisdictional.

Nasa v. Corizon Health, Inc. · filed 2013-06-04(c), (d)

The order he included with his application, however, is not stamped “filed” as required by OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e). We, therefore, are unable to determine whether Susa Nasa timely filed his application for discretionary review. See OCGA § 5-6-35 (d) (an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed). ... Given the dearth of information he provided with his application, we are unable to assume jurisdiction. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989) (the requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an appeal not made in compliance therewith). Accordingly, this application is hereby DISMISSED.

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

Overton v. Jackson · filed 2013-07-18(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 appeal not made in compliance therewith.” Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989); see also Gable v. State, 290 Ga. 81, 82-83 (2) (a) (720 SE2d 170) (2011). Because this application was filed 31 days after entry of the trial court’s order, it is untimely, and it is therefore DISMISSED for lack of jurisdiction.

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 statute's requirements are jurisdictional.

Jo C. Brown v. Cd & L · filed 2014-04-07(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.

Section 5-6-35(d) requires an application for discretionary appeal to be filed with the appellate court clerk, rather than the trial court, within 30 days, and treats those requirements as jurisdictional.

Wehunt v. State · filed 2014-05-01(d)

Pursuant to OCGA § 5-6-35 (d), an application for discretionary appeal must be filed with the clerk of the appellate court – not the trial court – within 30 days of entry of the order to be appealed. The requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application not made in compliance therewith.

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 statute's requirements are jurisdictional.

George W. Banks v. State · filed 2014-08-19(d)

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

Subsection (d) requires an application for discretionary appeal to be filed within 30 days, and treats that deadline as jurisdictional.

Beamon v. State · filed 2014-10-09(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 of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989).

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.

Osborne v. State · filed 2015-08-31(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.

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 missing that deadline deprives the appellate court of jurisdiction.

Williams v. State of Georgia · filed 2015-12-11(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). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order appealed from, and treats those requirements as jurisdictional.

Diego v. State · filed 2017-08-22(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). We lack jurisdiction to consider an untimely application. See Hill, supra. Here, Diego filed her application 31 days after the trial court’s order was entered. 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).

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

Williams v. State · filed 2017-02-07(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.

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

Bradford v. State · filed 2019-02-27(d)

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

Section 5-6-35 requires an application for discretionary appeal to be filed within 30 days of the order or judgment sought to be appealed, and those requirements are jurisdictional.

Strober v. Harris · filed 2020-12-14(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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 (d) requires a discretionary-review application to be filed within 30 days of entry of the order or judgment appealed, and compliance with the statute is jurisdictional.

Bowman v. State · filed 2020-12-14(d)

However, we lack jurisdiction because Bowman’s application is untimely. To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Here, Bowman filed his application 31 days after entry of the October 5, 2020 order terminating him from drug court, and 34 days after entry of the October 2, 2020 judgment of conviction. His application is therefore untimely and subject to dismissal.

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

McClain v. McClain · filed 2023-06-01(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).

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

Baker v. State · filed 2024-09-23(d)

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

Section 5-6-35 requires a discretionary review application to be filed within 30 days of the order or judgment and makes compliance with its requirements jurisdictional.

Crumpton v. Crumpton · filed 2024-10-21(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 requires an application for discretionary review in the appropriate appellate court when seeking review of a superior-court decision reviewing a lower-court decision, and compliance with that procedure is jurisdictional.

Carbon v. Sfr Investment v. Borrower 1, LLC · filed 2024-12-13(a)(1), (b), (d)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). ... Although Carbon titled his filing as a “Notice of Discretionary Appeal,” we construe the filing as a notice of appeal — and not an application for discretionary review — because he filed it in the trial court, rather than this Court. A notice of appeal is filed in the trial court to initiate a direct appeal to an appellate court, while an application for discretionary review must be filed in the appropriate appellate court to request permission to appeal. Compare OCGA § 5-6-35 (d) (an application for discretionary review must be filed in the appropriate appellate court), with OCGA § 5-6-37 (a notice of appeal must be filed “with the clerk of the court wherein the case was determined”).

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

Moore v. State · filed 2025-02-13(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 an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed, and that deadline is jurisdictional.

Spencer v. Spencer · filed 2025-06-11(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d). 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 with the Court of Appeals clerk within 30 days, and these filing requirements are jurisdictional.

ROBIN R. MCGINNIS v. NEISENT · filed 2025-12-08(d)

OCGA § 5-6-35 (d) requires an application for discretionary appeal to be filed with the clerk of the Court of Appeals — not the superior court — within 30 days of the entry of the order, decision, or judgment sought 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.

Under subsection (d), an application for discretionary appeal must be filed within 30 days after entry of the appealable decision or judgment, and the requirement is jurisdictional.

Daniel v. State · filed 2021-01-25(d)

First, Daniel’s filing is untimely. An application for discretionary appeal must be filed within 30 days after entry of the appealable decision or judgment at issue. See OCGA § 5-6-35 (d). Daniel’s petition was filed more than a year after the trial court denied his most recent motion to modify sentence. “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.”

Section 5-6-35(j) permits discretionary review of a directly appealable order, but the application must be filed within 30 days under subsection (d).

Moore v. State · filed 2016-01-11(d), (j)

When a party applies for discretionary review of a directly appealable order – such as one 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 or judgment to be appealed.

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days and to include the petition or motion that directly led to the order or judgment being appealed.

Crumpton v. State · filed 2013-06-14(c), (d)

An application is timely if it is filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d). ... An applicant must “include a copy of any petition or motion which led directly to the order or judgment being appealed . . . .” OCGA § 5-6-35 (c); Court of Appeals Rule 31 (b).

Section 5-6-35(c) requires an applicant for discretionary appeal to include a copy of the trial court order or judgment being appealed with the application.

Taylor v. City of Hiram · filed 2013-06-28(c)

Under OCGA § 5-6-35 (c), an applicant for discretionary appeal “shall include as exhibits to the petition a copy of the order or judgment being appealed and should include a copy of the petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion.” (Emphasis supplied) See also Court of Appeals Rule 31 (e) (“Discretionary applications must contained a stamped ‘filed’ copy of the trial court’s order or judgment from which the appeal is sought.”). Without the trial court’s order, we have nothing to review. This application is therefore DISMISSED.

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

In the Interest Of: D. B., D. B., D. B., and D. B., Children (Mother) · filed 2013-07-12(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue.

Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order at issue; missing that deadline deprives the appellate court of jurisdiction.

In the Interest Of: A. L. v. a Child (Father) · filed 2013-12-04(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6- 35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.

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

Arrington v. State · filed 2013-12-10(d)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

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

Pickard v. State · filed 2013-12-13(d)

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

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

Jones v. State of Georgia · filed 2014-03-26(d)

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

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

Murray v. State · filed 2014-10-09(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because this application was filed 38 days after entry of the order Murray seeks to appeal, it is untimely.

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days of the order’s entry, and the period is not extended by three days for mailing under § 9-11-6(e).

Scott and Sons Holdings, LLC v. Res-Ga Two, LLC · filed 2014-10-17(a), (d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Scott and Sons Holdings argues that because it mailed its application, it is entitled to an additional filing time of three days pursuant to OCGA § 9-11-6 (e). However, the filing date of an application for discretionary appeal is not calculated from the date of service of any type of notice upon the applicant; it is calculated from the date of entry of the order sought to be appealed. See OCGA § 5-6-35 (a). Thus, OCGA § 9-11-6 (e), which applies only in cases where the prescribed filing time commences to run after the service of some type of notice or document upon the party seeking to appeal, does not apply to extend the time requirement for filing an application for discretionary appeal under OCGA § 5-6-35. See Akin v. Sanders, 228 Ga. 251 (184 SE2d 660) (1971) (no additional three days in which to file notice of appeal).

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

Reyes v. State · filed 2014-12-12(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).

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

Willie A. Smith, Jr. v. State · filed 2015-01-13(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); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after the order on appeal, or, when a motion for new trial is filed, within 30 days after the order finally disposing of that motion; these timing requirements are jurisdictional.

In the Interest Of: L. E., a Child (Mother) · filed 2015-02-05(d)

An application for discretionary appeal must be filed within 30 days of the order on appeal. OCGA § 5-6-35 (d). “When a motion for new trial . . . has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” 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 application to be filed within 30 days of entry of the order to be appealed.

Brown v. State · filed 2015-03-12(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed.

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.

Davis v. Cobb County Police · filed 2016-01-11(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. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35 permits discretionary review of a directly appealable order, but the application must be filed within 30 days after entry of the order or judgment.

Clement v. State · filed 2016-01-28(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.

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment, while subsection (j) governs granting review of a directly appealable order; an application filed 64 days after the order is untimely.

Sinkfield v. State · filed 2016-07-18(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); Hill v State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). Here, Sinkfield filed his application 64 days after the trial court’s order was entered. Accordingly, the application is untimely, and it is hereby DISMISSED for lack of jurisdiction.1 See Hill, supra.

Section 5-6-35(c) requires a discretionary-appeal applicant to include the petition or motion that led directly to the challenged order, and subsection (d) requires filing within 30 days.

In the Interest Of: A. B., A. B., and C. B., Children (Mother) · filed 2016-07-18(c), (d)

An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. OCGA § 5-6-35 (d). ... As the applicant, the mother bears the burden of demonstrating that her application should be granted. ... As part of this burden, she must “include a copy of any petition or motion which led directly to the order or judgment being appealed . . . .” OCGA § 5-6-35 (c); Court of Appeals Rule 31 (b).

Section 5-6-35 requires a discretionary appeal application to be timely—filed within 30 days—and to include copies of petitions or motions that directly led to the appealed order or judgment.

In THE INTEREST OF: N.M., K.G. Children (Father) · filed 2017-01-19(c), (d)

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. ... Although a motion for a new trial may extend the time in which appellate relief may be sought, it must be filed within 30 days of the entry of judgment. OCGA §§ 5-5-40 (a); 5-6-35 (d). ... As part of this burden, he is required to “include a copy of any petition or motion which led directly to the order or judgment being appealed.” Court of Appeals Rule 31 (b) (2016); see also OCGA § 5-6-35 (c).

Section 5-6-35 requires a discretionary application to be filed within 30 days of the order appealed from and to include a copy of a motion for new trial when timeliness depends on that motion.

In the Interest Of: T. J., Children (Mother) · filed 2017-02-07(c), (d)

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). ... Even if the mother had filed her application within 30 days of the denial of her motion for a new trial, she has failed to submit a copy of that motion, in violation of OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (b), which precludes us from ascertaining whether it was timely filed so as to have tolled the deadline for filing a discretionary application until December 29.

Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment being appealed, and compliance is jurisdictional.

Williams v. Williams · filed 2017-02-22(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. 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-review application to be filed within 30 days of the order appealed from, and a motion for new trial extends that period only if it was filed within 30 days of the judgment.

Milsap v. Brenda King Milsap · filed 2017-03-16(d)

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). ... Although a motion for new trial may extend the time in which appellate relief may be sought, it must be filed within 30 days of the entry of judgment. OCGA §§ 5-5-40 (a); 5-6-35 (d).

Section 5-6-35(d) makes a discretionary-appeal application timely only if filed within 30 days after entry of the order being appealed.

Bojorquez v. Mfg Chemical, Inc. · filed 2017-04-27(d)

An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

Section 5-6-35 permits discretionary review of a directly appealable order under subsection (j), but the application must be filed within 30 days under subsection (d), and timely filing is required for appellate jurisdiction.

Harrison v. State · filed 2017-08-22(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); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). The proper and timely filing of an application is an absolute requirement to confer appellate jurisdiction upon this Court. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Cooper v. Cooper · filed 2017-08-25(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 after entry of the order or judgment sought to be appealed, and the court must have the stamped filed copy to determine timeliness.

Frazier v. State · filed 2018-02-22(d)

Such an order is required to ascertain whether an application was filed within 30 days of entry of the order sought to be appealed, as required by OCGA § 5-6-35 (d).

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and those requirements are jurisdictional.

Howard v. State · filed 2018-05-11(d)

First, to be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d); 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Howard filed this application 85 days after entry of the order he seeks to appeal, and it is therefore untimely.

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

Smith v. Wells Fargo · filed 2018-06-26(d)

Pretermitting whether the superior court’s dismissal order is directly appealable, the plaintiff’s application is untimely, as it was filed more than 30 days after the order.1 See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Cordy v. State · filed 2018-08-13(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 made beyond 30 days.

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the appealable order; an untimely application deprives the Court of Appeals of jurisdiction.

Mullikin v. State · filed 2018-08-27(d)

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

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

Martin v. State · filed 2018-09-04(d)

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

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

Adamson v. Meehan · filed 2018-10-17(d)

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

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

Smith v. State · filed 2019-01-08(d)

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

Section 5-6-35(c) requires an applicant for discretionary appeal to include any petition or motion that led directly to the appealed order or judgment, and subsection (d) requires filing within 30 days.

In the Interest Of: I. L. M., I. T. M. and B. M., Children · filed 2016-05-11(c), (d)

An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. OCGA § 5-6-35 (d). ... Applicants must "include a copy of any petition or motion which led directly to the order or judgment being appealed . . . ." OCGA § 5-6-35 (c); Court of Appeals Rule 31 (b). By omitting the motion for new trial from their application, the parents have failed to demonstrate that this Court has jurisdiction to consider their application.

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

Farmer v. Georgia Department of Human Services, Ex Rel., Jaylen Farmer · filed 2016-11-21(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 a discretionary appeal application to be filed within 30 days after entry of the order sought to be appealed, and the statute’s requirements are jurisdictional.

In the Interest of D. L., Children · filed 2017-07-04(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). Here, the parents filed their application 34 days after entry of the trial court order. The requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.

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 compliance with the statute is jurisdictional.

Jacobs v. State · filed 2017-11-14(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 compliance with that requirement is jurisdictional.

In the Interest of A. K. and B. K., Children (Father) · filed 2018-01-30(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).

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

Bryant v. Bryant · filed 2019-02-27(d)

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

Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order to be appealed, and makes that deadline jurisdictional.

Cascade Falls Homeowners Association, Inc. v. Gwin · filed 2019-03-21(d)

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

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.

Harpo v. Attic Nook Self Storage · filed 2019-03-22(d)

Under OCGA § 5-6-35 (d), an application for discretionary appeal must be filed within 30 days of the entry of the order the applicant seeks to appeal. 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 requires a discretionary-appeal application to be filed within 30 days and requires the applicant to provide file-stamped copies of the relevant order and motion.

In the Interest of E. B., a Child (Mother) · filed 2019-04-30(c), (d)

For this Court to have jurisdiction, an application for discretionary appeal must be filed within 30 days of the order sought to be appealed. See OCGA § 5-6-35 (d); ... As the applicant, the mother must provide this Court with file-stamped copies of both the trial court’s order from which the appeal is sought and the motion that led directly to the order. See OCGA § 5-6-35 (c); Court of Appeals Rule 31 (c), (e).

Section 5-6-35 requires a discretionary application to be filed within 30 days of the order appealed from, and its requirements are jurisdictional.

Toray Dontez Porter v. State · filed 2019-05-30(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.

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

McMullen-marcus v. Sylvester Marcus, Sr. · filed 2019-10-25(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); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Maldonado v. State · filed 2019-11-12(d)

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

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

Ugwonali Law Group LLC v. Cherokee Funding · filed 2019-11-21(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); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.

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

Tonya Cooper v. Dhs, Division of Family and Children Services · filed 2019-12-24(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. ... This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.

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 H. C. M., Children (Mother) · filed 2020-03-13(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); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Brown v. State · filed 2020-05-22(d)

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

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

Knowles v. State · filed 2020-05-28(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires an application for discretionary review of a directly appealable order to be filed within 30 days of entry of the order or judgment.

Tsoglin v. Kl Capital, LLC · filed 2020-09-10(d), (j)

Pretermitting whether the February 28 order was directly appealable, as posited by Tsoglin in her application brief, this Court will grant an application for discretionary review of a directly appealable order under OCGA § 5-6-35 (j) only if the application is filed within 30 days of entry of the order or judgment sought to be appealed.

Section 5-6-35 (d) requires a discretionary appeal application to be filed within 30 days after the order, decision, or judgment being appealed, and the deadline is jurisdictional.

Shantarian Cooper v. Magsalin · filed 2022-07-08(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).

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

Seron Shepherd v. Hammond · filed 2022-08-26(d)

To the extent that she seeks to appeal the juvenile court orders, her application is untimely. See OCGA § 5-6-35 (d) (discretionary application must be filed within 30 days after entry of order to be appealed).

Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order, and compliance with § 5-6-35 is jurisdictional.

Shareef v. Jones · filed 2022-11-09(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 a discretionary application to be filed within 30 days of the order appealed from, and the deadline is jurisdictional.

Stump v. State · filed 2022-11-10(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).

Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order, decision, or judgment sought to be appealed, and the deadline is jurisdictional.

Stallworth v. Hammond · filed 2022-11-29(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).

Subsection (d) requires a discretionary appeal application to be filed within 30 days and makes that deadline jurisdictional.

House v. State · filed 2022-12-05(d)

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

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

Avery L. Woods v. State · filed 2022-12-07(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).

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 requirements of the section are jurisdictional.

Jackson v. Brown · filed 2022-12-27(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 review to be filed within 30 days of entry of the order or judgment to be appealed, and compliance with that requirement is jurisdictional.

Thrasher v. State · filed 2023-01-03(d)

First, 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 the time requirements of OCGA § 5-6-35 is jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

Subsection (d) requires a discretionary application to be filed within 30 days of the order sought to be appealed.

Bubrick v. Martinez-Bubrick · filed 2023-01-31(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.

The statute requires a discretionary application to be filed within 30 days after the order appealed from, and makes that deadline jurisdictional.

Nguyen v. Hawthorn Glen Homeowners Association, Inc · filed 2023-02-01(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. This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

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

Maddox v. State · filed 2023-02-16(j)

As a threshold matter, no provision of the discretionary application statute applies to the order Maddox seeks to appeal. See OCGA § 5- 6-35 (a) We grant timely applications when the trial court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). But the trial court’s order is not subject to direct appeal.

Section 5-6-35 (d) requires an application for discretionary appeal to be filed within 30 days after the order being appealed, and an untimely application deprives the appellate court of jurisdiction.

Larose v. McFarland · filed 2023-12-11(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). Here, Larose filed her application 38 days after entry of the order she seeks to appeal. Given that the application is untimely, we are without jurisdiction to consider it.

Section 5-6-35(d) requires a discretionary application to be filed within 30 days of the order appealed from, and the deadline is jurisdictional.

Harris v. State · filed 2024-01-26(d)

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

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

Harris v. State · filed 2024-01-31(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 [C]ourt cannot accept an appeal not made in compliance therewith.”

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after the order being appealed, and compliance with that deadline is jurisdictional.

Anderson v. State · filed 2024-03-20(d)

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

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

In the Interest of J. L. C., Children (Mother) · filed 2024-04-18(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); 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).

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

Charlie Branner, Jr v. Melanie B. Cross · filed 2024-06-06(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, 734 (380 SE2d 57) (1989).

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

Lalande v. Lalande · filed 2024-06-11(d)

However, 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.

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 that requirement is jurisdictional.

Dismuke v. Hon. Robert L. Russell, Chief Judge · filed 2024-09-18(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). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.”

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 statute's requirements are jurisdictional.

Hutchison v. State · filed 2024-11-25(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.”

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

Tinch v. Wilbanks · filed 2024-11-25(d)

To be timely, 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Zanders v. State · filed 2025-03-19(d)

First, 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.

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and that deadline is jurisdictional.

Prater v. Hogan Construction Group LLC · filed 2025-03-26(d)

To be timely, however, 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).

Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order, and the requirements of § 5-6-35 are jurisdictional.

Dyer v. State · filed 2025-03-31(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). Although Dyer indicates in his application that he had difficulty obtaining the trial court’s order in a timely manner, 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 application to be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed, and the deadline is jurisdictional.

Bruce v. Evans · filed 2025-07-15(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).

Section 5-6-35 (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed, and makes the requirements jurisdictional.

Oloruntobi John v. John · filed 2025-09-03(d)

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

Bradley v. Christopher · filed 2025-11-14(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); 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).

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.

Zeleke v. the City of Tucker, Georgia · filed 2025-11-25(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); 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).

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

Ilkowska v. Ilkowski · filed 2025-12-09(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.”

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

Valdovinos-Barajas v. State · filed 2025-12-11(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 a discretionary appeal application to be filed within 30 days of the order, decision, or judgment, and that deadline is jurisdictional.

Mas v. State · filed 2025-12-23(d)

To be timely, however, 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).

Section 5-6-35(d) requires a discretionary appeal application to be filed in the appellate court within 30 days after the order sought to be appealed is entered.

McKenzie v. Larochester · filed 2026-02-10(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 a discretionary application to be filed within 30 days after entry of the order or judgment to be appealed, and the deadline is jurisdictional.

Gregory Tyron Flunder, Sr v. Flunder · filed 2026-03-20(d)

To be timely, a discretionary application must be filed within 30 days after 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.”

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.

Anene v. Eve Nwoekabia · filed 2026-04-24(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). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and that deadline is jurisdictional.

Taylor v. Padilla · filed 2026-05-22(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 the relevant statute.

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

Toni Duvall F/K/A Toni Duvall Martin v. Martin · filed 2026-06-08(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 the relevant statute.

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

In the Interest of T. T. W., Children (Father) · filed 2019-09-23(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

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

Rufus v. State · filed 2019-12-24(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 therewith. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

In the Interest of B. M. R., a Child (Mother) · filed 2021-01-25(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); 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). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Gillis Jr v. State · filed 2024-01-16(d)

See OCGA § 5-6-35 (d) (to be timely, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed); Court of Appeals Rule 31 (a). ... the current application, which was filed several months after entry of the order Gillis seeks to appeal, is untimely. The application, therefore, is hereby DISMISSED for lack of jurisdiction.

Section 5-6-35's discretionary-appeal provisions do not apply to a final civil judgment that awards no money, so the judgment is subject to direct appeal.

Richardson v. Thigpen · filed 2018-01-09(a)(6)

Based on the information included with the application materials, it does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. The trial court’s order, therefore, is subject to direct appeal.

Section 5-6-35 makes an order directly appealable when no subsection (a) discretionary-appeal provision applies and permits the appeal to be granted under subsection (j).

Falls-Miller v. Twiggs County · filed 2015-10-22(a), (j)

Pretermitting whether the Millers actually filed their complaint under OCGA § 9-15-2 (d), an order denying filing under that Code section “shall be appealable in the same manner as an order dismissing an action.” Moreover, no provision of subsection (a) of OCGA § 5-6-35 is applicable to this case. The order, therefore, is directly appealable, and the Millers’ application for appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j).

Section 5-6-35 does not make an order denying filing under OCGA § 9-15-2 (d) subject to discretionary-appeal requirements, and an otherwise directly appealable order must be challenged within 30 days when discretionary review is sought.

Davis v. Progressive Corporation · filed 2015-10-22(a), (d), and (j)

An order denying filing under OCGA § 9-15-2 (d) is not in and of itself subject to the discretionary appeal procedure requirements of OCGA § 5-6-35. See In re Lawsuits of Carter, 235 Ga. App. 551 (510 SE2d 91) (1988). Moreover, no provision of subsection (a) of OCGA § 5-6-35 appears to be applicable to this case. The order, therefore, was directly appealable. ... 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. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582 (420 SE2d 393) (1992).

Section 5-6-35(a) does not require a discretionary appeal for an order that is directly appealable, and subsection (j) requires granting an otherwise timely discretionary application when the order is subject to direct appeal.

Benjamin v. Compton · filed 2013-06-14(a)(8), (j)

This is an appeal from a final judgment. See Lanier v. Foster, 133 Ga. App. 149, 153 (3) (210 SE2d 326) (1974). It is not an appeal from the denial of a motion to set aside, as contemplated by OCGA § 5-6-35 (a) (8), nor does it fall within any other provision of OCGA § 5-6-35 (a). The order in this case is thus directly appealable and is not subject to the discretionary appeal requirements. This Court will grant an otherwise timely discretionary application pursuant to OCGA § 5-6-35 (j), if the order is subject to direct appeal. Therefore, this application is GRANTED as required under OCGA § 5-6-35 (j).

Section 5-6-35(a) does not require a discretionary-appeal application for a trial court order denying a motion to modify a sentence; the court may grant review under subsection (j) when the order is directly appealable.

Carter v. State · filed 2014-01-09(a), (j)

There is no provision of OCGA § 5-6-35 (a) that requires an application for discretionary appeal from a trial court’s order denying a motion to modify a sentence.

When an order is directly appealable, subsection (j) authorizes granting a timely discretionary application even though subsection (a) does not require discretionary review.

Robb Baker v. State · filed 2021-03-16(j)

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

Subsection (a)(10) applies to awards of attorney fees under OCGA § 9-15-14, while subsection (j) permits granting a timely application when the order is directly appealable and no such fee award exists.

Bentley v. Williamson · filed 2021-08-02(a)(10), (j)

It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here.

Section 5-6-35(b) requires an application for discretionary review to enumerate every error the applicant intends to raise, and an unenumerated claim is forfeited on appeal.

Zekser v. Zekser · filed 2013-06-17(b)

But because OCGA § 5-6-35 (b) requires that “the errors to be urged on appeal” be enumerated in the application, when an applicant fails to enumerate a claim of error in her application, she forfeits appellate review of that claim.

Subsection (a)(4) requires a discretionary rather than direct appeal in cases involving garnishment or attachment.

McLeod v. Robert Bruce Land & Cattle, LLC · filed 2023-07-12(a)(4)

OCGA § 5-6-35 (a) (4) “prescribes that a discretionary rather than a direct appeal be filed in cases involving garnishment or attachment.”

Section 5-6-35(a)(4) requires a discretionary appeal application for appeals involving garnishment or attachment unless the appeal concerns an application for attachment against a fraudulent debtor covered by § 5-6-34(a)(5).

Holiday Hospitality Franchising, Inc. v. Noons · filed 2013-07-09(a)(4)

Under OCGA § 5-6-35 (a) (4), a discretionary application is required in “[a]ppeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34.” OCGA § 5-6-34 (a) (5), in turn, provides a right of direct appeal from “[a]ll judgments or orders granting or refusing applications for attachment against fraudulent debtors.” The question, then, is whether this was an application for attachment against a fraudulent debtor. We considered this issue when questioning whether Noons’ application for discretionary appeal was directly appealable, and we found that based on the record, this appears to be an ordinary garnishment action with no application for attachment. Accordingly, no direct appeal is authorized, and Holiday Hospitality Franchising properly filed an application for discretionary appeal.

Subsection (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.

All States Ag Parts, LLC D/B/A Parts Asap v. Aris Get, LLC · filed 2024-05-09(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-appeal application when the lower court’s order is subject to direct appeal.

Sabby v. State · filed 2024-06-07(j)

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

Section 5-6-35(a)(8) requires a discretionary application for an appeal from an order denying a motion to set aside, and subsection (j) provides for granting the application when the order is subject to direct appeal.

Broussard v. Autovest, LLC, as Assignee of U.S. Auto Sales · filed 2023-08-14(a)(8), (j)

Although an appeal of an order denying a motion to set aside must come by discretionary application, see OCGA § 5-6-35 (a) (8), the trial court’s June 22 order, the only order from which Johnson seeks to appeal, is subject to direct appeal. See OCGA § 5-6-34 (a) (1); Camelback Mgmt. Co. v. Phoenix Periodicals, 192 Ga. App. 101, 102 (1) (383 SE2d 651) (1989) (stating that a default judgment is a final and directly appealable judgment). 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.

Subsection (j) permits the Court of Appeals to grant a timely interlocutory or discretionary appeal application when the underlying order is directly appealable.

Dixon v. Depew · filed 2013-09-06(j)

We will grant an otherwise timely application for either interlocutory or discretionary appeal if the lower court’s order is subject to direct appeal. See Spivey v. Hembree, 268 Ga. App. 485, 486 n.1 (602 SE2d 246) (2004); OCGA § 5-6-35(j).

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

Davis v. State · filed 2013-09-12(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 Davis shall have ten days from the date of this order to file a notice of appeal with the trial court.

Subsection (j) supports granting an otherwise timely discretionary application when the lower-court order is directly appealable and the applicant has not already filed a notice of appeal.

Boyd v. Morehouse College, Inc. · filed 2013-09-23(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). Therefore, this application is hereby GRANTED.

Subsection (j) requires granting an otherwise timely interlocutory or discretionary appeal when the lower court's order is subject to direct appeal.

Forks Timber Company, Inc. v. Heritage Bank of the South, as Successor-In-Interest to the Tattnall Bank · filed 2013-09-27(j)

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

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

Frost v. State · filed 2013-10-10(j)

We will grant an otherwise timely application for either interlocutory or discretionary appeal if the lower court’s order is subject to direct appeal. See Spivey v. Hembree, 268 Ga. App. 485, 486, n.1 (602 SE2d 246) (2004); OCGA § 5-6-35 (j).

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

Gordon v. Abrahams · filed 2013-10-21(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) permits an appellate court to grant a discretionary application when the order is directly appealable and the application was timely filed without a notice of appeal.

In the Interest Of: A. M., A. M., D. M., E. M. and M. M., Children v. State of Georgia · filed 2013-11-06(j)

Accordingly, when, as here, a party files a discretionary application when an order may be appealed directly, we grant the application under OCGA § 5-6-35 (j).

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

Lea Strickland v. Strickland · filed 2013-11-13(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).