Ga. Code Ann. § 5-6-35

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

Washington v. Federal National Mortgage Association A/K/A Fannie Mae · filed 2013-11-20(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(j) requires the Court of Appeals to grant a timely discretionary application when the lower court's order is subject to direct appeal.

Norman v. Norman · filed 2013-12-02(j)

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

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

Janeira v. Janeira · filed 2014-01-09(j)

We will grant a timely-filed 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.

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, and subsection (g) gives the applicant ten days from the grant to file a notice of appeal.

Petty v. State · filed 2014-02-27(g) and (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, Petty’s application is hereby GRANTED. Petty shall have ten (10) 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(j) requires the Court of Appeals to grant an otherwise timely discretionary application when the challenged order is subject to direct appeal.

Wilson v. Wilson · filed 2014-03-25(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).

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

Peay v. the Virginian Condominium Association, Inc. · filed 2014-04-16(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 otherwise timely discretionary application to be granted when the order at issue is subject to direct appeal.

Brant B. Barber v. Sibun · filed 2014-07-31(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, this application is hereby GRANTED.

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

Thigpen v. HSBC Bank USA, National Association, as Trustee · 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 granting an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Jewell v. McGinnis · filed 2014-09-16(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, this application is hereby GRANTED.

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.

Davis v. State · filed 2014-09-22(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, this application is hereby GRANTED.

Subsection (j) requires an otherwise timely discretionary application to be granted when the lower court's order is subject to direct appeal.

Padgett v. Padgett · filed 2014-11-12(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) requires the Court of Appeals to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Hooper v. Hedgepath · filed 2015-03-19(j)

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

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

Reeves v. State · filed 2015-05-05(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 appellate court to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

In Re: Estate of Sylvia Ann Johnston · filed 2015-05-20(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).

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

Grant v. Select Specialty Hospital Inc · filed 2015-06-22(j)

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

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

Kelly v. Jones · filed 2015-06-22(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).

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

Hura v. Hura · filed 2015-08-24(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).

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

Clark v. Rau · 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.

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

Lora Brooks F/K/A Lora Brislin v. Brislin · filed 2015-11-23(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, this application is hereby GRANTED.

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

Tate v. Misty L. Tate · filed 2016-03-11(j)

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

Section 5-6-35(j) provides for granting an otherwise timely discretionary application when the lower court’s order is subject to direct appeal, and subsection (g) gives the appellant ten days to file a notice of appeal after the grant.

Donovan v. Donovan · filed 2016-03-22(j), (g)

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, this application is hereby GRANTED. The Donovans shall have ten days from the date of this order to file a notice of appeal with the trial court. See OCGA § 5-6-35 (g).

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

Thomas v. Bahia Bleu Condominium · filed 2016-04-25(j)

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

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

Tinch v. Clayton County Board of Commissioners · filed 2016-05-11(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).

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.

Montia v. Jp Morgan Chase Bank, N.A. · filed 2016-06-10(j)

This Court will grant an otherwise timely discretionary application if the lower court's order is subjectto direct appeal.1 See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

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

Shooter Alley, Inc. v. City of Doraville, Georgia · filed 2016-07-18(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).

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

Sharon Bush Ellison v. Alan Dunbar A/K/A Alan Jackson · filed 2016-07-18(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 directly appealable and the applicant has not already filed a notice of appeal.

Epstiner v. Spears · filed 2016-07-18(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) directs the Court to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Estate of Mildred Davis, Muriel Montia v. Deutsche Bank National Trust Company, as Trustee for Long Beach Mortgage Loan · filed 2016-08-25(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) permits the Court of Appeals to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Radcliff v. State · filed 2016-09-19(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) requires granting a timely discretionary application when the lower court's order is subject to direct appeal.

Crook v. State · 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.

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

In the Interest Of: I. D., Children (Mother) · filed 2017-01-19(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 an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

Radcliff v. State · filed 2017-02-22(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) provides that a timely discretionary application will be granted when the lower court’s order is subject to direct appeal.

Harris v. Harris · filed 2017-02-22(j)

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

Section 5-6-35 does not govern a trial court’s final judgment that is directly appealable; a timely discretionary application is granted when the lower-court order is subject to direct appeal.

Calvin E. Willis, Jr. v. the Bank of New York Mellon Trust Company, N.A. · filed 2017-02-22(j)

Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Rather, the trial court’s dismissal of the Willises’ complaint constituted a final judgment. 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.

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

Jones v. Jones · filed 2017-03-15(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) directs the appellate court to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Albert G. Hill, III v. Mhte-Dd, LLC · filed 2017-03-15(j)

Under OCGA § 5-6-35 (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) requires the Court of Appeals to grant a timely application for discretionary review when the trial court’s order is subject to direct appeal.

Doud v. Doud · filed 2017-06-13(j)

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

Under subsection (j), a timely discretionary application is granted when the lower court’s order is subject to direct appeal.

Oswald Family Investments, Lllp v. Department of Transportation · filed 2017-07-21(j)

Under OCGA § 5-6-35 (j), we will grant a timely discretionary application 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 subject to direct appeal.

In the Interest of D. L., Children · filed 2017-08-22(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.

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

In Re Lauraill Williams · filed 2017-12-12(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).

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

Beau Phillip Woodall v. Johnson · filed 2017-12-12(j)

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

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.

Harris v. State · filed 2018-03-15(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 Harris shall have ten days from the date of this order to file his notice of appeal with the trial court.

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

Briley-Holmes v. Metrobrokers LLC · filed 2018-04-05(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) directs the appellate court to grant a timely discretionary-appeal application when the lower court’s order is directly appealable.

Jabbar Muhammad Ali Williams v. State · filed 2018-08-27(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(j) requires the appellate court to grant a timely discretionary application when the challenged order is directly appealable.

Barrett v. State of Georgia · filed 2018-10-17(j)

Barrett has filed a timely application for discretionary review, but his application does not explain why he filed a discretionary application, and based on the materials before us, no provision of OCGA § 5-6-35 appears to apply here. Accordingly, it appears that Barrett has a right of direct appeal pursuant to OCGA § 5-6-34 (a) (1). If a party timely applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j). Thus, this application for discretionary appeal is hereby GRANTED.

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

Romine v. the Unified Government of Athens - Clarke County · filed 2018-11-23(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 does not apply when the trial court’s dismissal without prejudice is a final judgment subject to direct appeal, while subsection (j) permits the Court of Appeals to grant a discretionary-appeal application in that circumstance.

Burwell v. Gwinnett County School District D/B/A Gwinnett County Public Schools · filed 2019-01-08(j)

Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Rather, the trial court’s dismissal without prejudice of the Plaintiffs’ complaint constituted a final 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, and the Plaintiffs shall have ten days from the date of this order to file a notice of appeal in the trial court.

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

Chandler v. Rohner · filed 2014-11-19(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) requires a timely discretionary-appeal application to be granted when the challenged order is directly appealable.

Burnett v. Baker · filed 2017-02-07(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); 5-6-34 (a) (1).

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

Clemons v. Anderson · filed 2017-07-04(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, this application is hereby GRANTED.

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

Winston v. State · filed 2019-03-21(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 granting a timely discretionary application when the lower court’s order is subject to direct appeal.

Seville v. Mannellino · 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.

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

Jordan v. State · filed 2019-04-30(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 Jordan shall have ten days from the date of this order to file his notice of appeal with the trial court.

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

Thompson v. McCarty · filed 2019-06-19(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) provides for granting a timely discretionary-appeal application when the lower court's order is subject to direct appeal.

Marva Melissa Monroe El v. Stanfield · filed 2019-08-21(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.

Subsection (j) requires granting a timely discretionary-appeal application when the lower court's order is subject to direct appeal.

In Re David Matthew Haney · filed 2019-08-21(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) directs the appellate court to grant an otherwise timely discretionary-appeal application when the lower court's order is directly appealable.

Alvardo-Valle v. State · filed 2019-10-25(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) provides that a timely discretionary application will be granted when the lower court's order is subject to direct appeal.

Fann v. Davis · filed 2020-01-03(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) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

O'Connor v. Vandenberg · filed 2020-01-28(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) provides that a timely discretionary application will be granted when the lower court's order is subject to direct appeal.

Keith v. Callahan · filed 2020-01-28(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) requires granting a timely discretionary application when the lower court's order is subject to direct appeal.

Ebeling v. State · filed 2020-02-06(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) provides that an otherwise timely discretionary application will be granted when the lower court's order is subject to direct appeal.

Haase Jr. v. Mark Robinson, Conservator, Estate of Ann Haase · filed 2020-03-05(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 makes discretionary review unnecessary when a case is directly appealable and requires the Court of Appeals to grant a timely discretionary-review application in that circumstance.

Aberra v. Idlewood Condominium Association Inc. · filed 2020-03-13(a), (j)

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

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

Newman v. State · filed 2020-03-13(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(j) directs the appellate court to grant a timely discretionary appeal application when the challenged order is subject to direct appeal.

Ward v. U.S. Bank National Association · filed 2020-05-15(j)

It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Thus, the trial court’s orders collectively dismissing all of Ward’s claims constituted directly appealable final judgments. 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) requires the Court of Appeals to grant an otherwise timely discretionary application when the order sought to be appealed is subject to direct appeal.

Willie Frank Wright, Jr. v. State · filed 2020-05-22(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 to grant an otherwise timely discretionary-appeal application when the lower court’s order is subject to direct appeal.

White v. Enterprise Car Sales, Inc. · filed 2020-07-13(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).

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

In the Interest of C. L. W., a Child · filed 2020-08-20(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).

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.

Lewis v. Chicago Title Insurance Company · filed 2020-09-10(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).

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

Borum v. State · filed 2020-09-10(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 Borum 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) permits the appellate court to grant a timely discretionary-appeal application when the lower court's order is directly appealable.

Johnson v. Wilbur M. "Bill" Watson · filed 2020-11-17(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).

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

Sidney E. Goodwin, Jr. v. State · filed 2021-04-20(j)

The superior court’s order is not subject to the discretionary appeal procedure, see OCGA § 5-6-35 (a), and it appears that the order is subject to direct appeal. ... 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) directs the Court of Appeals to grant a timely discretionary-review application when the lower court order is subject to direct appeal.

Hackett v. Stapleton · filed 2021-09-27(j)

Pursuant to 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.

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; subsections (d) and (g) address the filing-time extension and notice of appeal.

Yates v. Yates · filed 2021-11-08(j), (d), (g)

This Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j); see also OCGA § 5-6-35 (d) (providing that a timely-filed motion for new trial extends the time to file an application for discretionary review). Accordingly, this application is hereby GRANTED. Kaylee 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).

Section 5-6-35(j) requires the Court to grant a timely discretionary-review application when the lower court’s order is subject to direct appeal, and subsection (g) gives the appellant ten days from the grant to file a notice of appeal in the superior court.

Wellborn v. State · filed 2022-04-29(j), (g)

This Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Wellborn 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) requires the Court to grant an otherwise timely application for discretionary review when the trial court’s order is subject to direct appeal.

Florence v. Ally Bank Lease Trust · filed 2022-07-20(j)

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

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

Wilkinson v. Richello · filed 2022-10-12(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).

Section 5-6-35(a) limits discretionary appeals to the statutory categories, and subsection (j) provides that a timely application ordinarily is granted when the lower court’s order is subject to direct appeal.

Whittenburg v. State · filed 2022-10-21(a), (j)

As a threshold matter, we note that no provision of the discretionary application statute applies to the order Whittenburg seeks to appeal. See OCGA § 5-6-35 (a). 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.

Subsection (j) permits a court to grant an otherwise timely discretionary application when the lower court's order is subject to direct appeal.

MWENDA v. GEORGIA DEPARTMENT OF HUMAN SERVICES · filed 2023-01-05(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).

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

Vaughn v. U.S. Bank Trust, N. A. as Trustee for Lsfa Master Participation Trust · filed 2023-02-15(j)

We will grant a timely discretionary application if the trial court’s order is subject to direct appeal. See OCGA § 5-6-35 (j); see also Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Poole v. Poole · filed 2023-06-14(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.

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

Johns v. State · filed 2023-06-22(j)

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

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

Clark v. Carpenter · filed 2023-07-18(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 permits the court to grant a timely discretionary-appeal application when the challenged order is directly appealable and requires the State to file its notice of appeal within ten days of the order.

State v. Carlton · filed 2023-07-20(j), (g)

No provision of the discretionary appeal statute appears to apply here. See OCGA § 5-6-35 (a). ... 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). ... The State 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 Court of Appeals to grant a timely application for discretionary review when the lower court’s order is subject to direct appeal, and subsection (g) gives the applicant ten days from the order to file a notice of appeal.

Johnson v. Butler · filed 2023-08-07(g), (j)

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

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

Juliana Korsah Dick v. Garcia · filed 2023-08-31(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 (j) requires granting a timely discretionary application when the lower court’s order is subject to direct appeal.

Green v. State · filed 2023-10-13(j)

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

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

Sayavedra v. Soiree, Inc., D/B/A Tara Geurard Soiree · filed 2023-11-07(j)

And we will grant a timely-filed application for discretionary appeal where a trial court’s order is subject to direct appeal. See OCGA § 5-6-35 (j); Ahearn v. Westrec Mgmt., 244 Ga. App. 699, 699, n.1 (536 SE2d 606) (2000).

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.

Andrews v. Regions Bank · filed 2023-11-27(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.

A timely application for discretionary appeal must be granted when the lower court order is subject to direct appeal.

Jones v. Younglincoln · filed 2024-01-12(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.

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

Banks County Golf, LLC v. Town of Homer, Georgia · filed 2023-07-31(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.

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

Davis v. the Fulton County Snap Program · filed 2024-05-14(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) permits the Court of Appeals to grant a timely discretionary-appeal application when the lower court's order is subject to direct appeal.

Davis v. Shukura L. Ingram, Judge · filed 2024-05-14(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) permits the Court of Appeals to grant an otherwise timely application for discretionary appeal when the lower court’s order is subject to direct appeal.

Codell Grant v. State · filed 2024-06-21(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 appellate court to grant a timely discretionary-appeal application when the challenged order is subject to direct appeal.

Pompey v. Murray · filed 2024-11-19(j)

This Court will grant a timely application for discretionary review 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 identifies when an order is not subject to discretionary appeal, requires a timely application to be granted when the order is directly appealable, and gives the applicant ten days after the grant to file a notice of appeal.

Xavier B., by His Mother and Next of Kin, Tamika Glenn v. Dekalb County School District · filed 2025-01-24(a), (g), (j)

Based on the limited application material submitted, it appears that the trial court’s order is final and that no provision of the discretionary appeal statute applies. See OCGA § 5-6-35 (a). ... This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35 (j). ... Glenn shall have ten days from the date of this order to file a notice of appeal with the trial court if she has not already done so. See OCGA § 5-6-35 (g).

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

Florence v. Thomas · filed 2025-05-21(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 the appellate court to grant a timely discretionary-appeal application when the lower court's order is subject to direct appeal.

Mignott v. Segal · filed 2025-06-10(j)

We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. OCGA § 5-6-35 (j). Under OCGA § 9-11-56 (h), the grant of summary judgment is reviewable by direct appeal.

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

Florence v. Couture · 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) provides that a timely application for discretionary review will be granted when the lower court’s order is subject to direct appeal.

Georgia's Own Credit Union v. T. Chastin Grace Jr. LLC · filed 2025-07-21(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.

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

Salinas Falun Smith v. Rodney Hill, Jr · filed 2025-07-31(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.

Section 5-6-35 (j) provides for discretionary review when a timely application seeks review of a lower-court order that is subject to direct appeal.

Gates v. Ross · filed 2025-08-11(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 the Court to grant a timely application for discretionary review when the lower court's order is subject to direct appeal.

Foreman v. Lowe · filed 2025-08-21(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.

Section 5-6-35(j) allows a timely discretionary-appeal application to be granted when the lower court’s order is subject to direct appeal, and the statute does not apply when no discretionary-appeal provision covers the case.

Dunn v. Lookout Mountain Judicial Circuit · filed 2026-02-09(j)

It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Rather, it appears that the trial court’s dismissal of Dunn’s action may be appealed directly. 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.

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

James v. Superior Court Gwinnett County Georgia · filed 2026-05-05(j)

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

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

Seay v. Gwinnett County Department of Family and Children Services · filed 2019-12-24(j)

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

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

Bullard v. the Blackstone Group Lp · filed 2019-12-24(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 the court to grant an otherwise timely discretionary appeal application when the order is directly appealable and the applicant has not timely filed a notice of appeal.

Gokul Sweets Realty, LLC v. Salim Jiwa D/B/A S&D Properties, LLC · filed 2013-10-30(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. As it does not appear that Gokul Sweets Realty has filed a notice of appeal from the trial court’s September 13, 2013 order, this application is hereby GRANTED.

Subsection (a)(1) does not require an application for discretionary appeal from a superior-court order reviewing a probate-court judgment; subsection (j) permits granting an otherwise timely application when the order is directly appealable and no notice of appeal has already been filed.

Holmes v. State · filed 2013-09-18(a)(1), (j)

Under OCGA § 5-6-35 (a) (1), however, no application for discretionary appeal is required from an order of the superior court reviewing the judgment of a probate court.

Section 5-6-35 (a)(1) requires an appellant to use the discretionary-appeal procedure when appealing a superior court order entered on a de novo appeal from a magistrate court decision.

McCune v. Suntrust Bank · filed 2013-11-13(a)(1)

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

Section 5-6-35(a)(1) requires discretionary-appeal procedures for review of a superior-court order disposing of a de novo appeal from a magistrate-court decision, and subsection (d) requires a timely application in the Court of Appeals.

Henderson v. Key Property Services, LLC · filed 2014-05-06(a)(1), (d)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Henderson 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). The fact that the notice of appeal he filed in the trial court incorporates a full-blown brief does not relieve him of his duty to file a timely application in this Court. See OCGA § 5-6-35 (d).

Section 5-6-35(a)(11) requires an application for discretionary appeal when a case reaches state court through a de novo appeal from magistrate court, but it does not apply when the case is transferred there.

Zarem v. Southcoast Properties, LLC · filed 2014-09-10(a)(11)

Where litigation begins in magistrate court and reaches the state court by means of a de novo appeal, a party must file an application for discretionary appeal to obtain appellate review before this Court. See OCGA § 5-6-35 (a) (11). But this provision applies, by its terms, only where the state court exercises de novo review of the magistrate court’s decision. Here, the case was transferred from magistrate court to state court, so OCGA § 5-6-35 (a) (11) does not apply.

Subsection (a)(1) requires a discretionary appeal when appealing a superior-court order involving a de novo appeal from a magistrate-court ruling.

Global Builders Georgia, Inc. v. Cross · filed 2014-10-31(a)(1)

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

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

Ward v. U.S. Bank National Association · filed 2019-03-28(a)(1)

Here, because Ward’s motion seeking to stay or set aside the writ of possession originated in a de novo appeal from a magistrate court decision, Ward was required to follow the discretionary appeal procedures to obtain this Court’s review. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

Section 5-6-35 requires a party seeking review of a superior-court judgment entered after a de novo appeal from magistrate court to use the discretionary-appeal procedure.

PIECE OF CAKE, LLC v. DEBRA D. CURRY · filed 2024-03-19(a)(1), (b)

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

The statute requires appeals from state court decisions reviewing magistrate court rulings, and appeals in damages actions with judgments of $10,000 or less, to be initiated by discretionary application.

Major Barnwell v. Clark · filed 2025-08-20(a)(11), (b); (a)(6), (b)

Appeals from state court reviewing magistrate court decisions must be brought by discretionary application. 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(b) requires an application to enumerate the errors to be urged on appeal; additional errors will not be considered.

Williams v. Aetna Casualty & Surety Co. · filed 1987-04-09(b)

Appellant’s contention that the court below erred in failing to give two of his requests to charge is not properly before this court. OCGA § 5-6-35 (b) requires that “[a]ll appeals taken in cases specified in subsection (a) of this Code section shall be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction. The application shall specify the order or judgment being appealed and, if the order or judgment is interlocutory, the application shall set forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review.” (Emphasis supplied.) Therefore, these two additional enumerations will not be considered.

Section 5-6-35(b) requires an application for discretionary appeal to enumerate the errors to be urged, limiting appellate review to those enumerated errors.

Smith v. Rice · filed 2013-10-23(b)

“An application for discretionary appeal must ‘enumerate the errors to be urged on appeal,’ OCGA § 5-6-35 (b), and so when, we grant discretionary review, it necessarily is limited to the errors actually enumerated in the application.”

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

Antwan Smith v. State · filed 2017-01-19(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.

Section 5-6-35(a)(1) requires a discretionary-appeal application for a de novo appeal from a magistrate court decision, and subsection (a)(8) requires one for an order denying a motion to set aside under OCGA § 9-11-60(d).

Es-Sudan v. Federal National Mortgage Association · filed 2013-10-30(a)(1) and (a)(8)

Because the order at issue concerns a de novo appeal from a magistrate court decision, Es-Sudan 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). Furthermore, an appeal from an order denying a motion to set aside in accordance with OCGA § 9-11-60 (d) must also be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(8) requires an appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) to be filed by discretionary application.

Old Mountain Top Baptist Church v. Momon · filed 2013-11-06(a)(8)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (462 SE2d 771) (1995).

Section 5-6-35 requires an appeal from the denial of an indigent prisoner's application for a free transcript for a post-conviction collateral attack to follow discretionary-appeal procedures.

Ivester v. State · filed 2014-01-16

Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.

Section 5-6-35’s discretionary-appeal procedure does not eliminate the additional interlocutory-appeal requirements of § 5-6-34(b).

Logue v. Logue · filed 2014-02-18

OCGA § 5-6-35, which governs 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 requires an appeal from the denial of a request for free transcripts for a post-conviction collateral attack to follow the discretionary-appeal procedure.

Bishop v. State · filed 2014-03-05

“Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.”

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

Cobble v. Lockhart · filed 2014-04-17

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).

Appeals from superior-court decisions reviewing State Board of Workers’ Compensation decisions require an application for appeal, and compliance with that discretionary-appeal procedure is jurisdictional.

Thomas v. Rollins, Inc. D/B/A Orkin, Inc. · filed 2014-04-30(a)(1)

“[a]ppeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation” require an application for appeal. Compliance with the discretionary appeal procedure is jurisdictional.

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

Furman v. Fsb · filed 2014-06-10(a)(1)

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

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

Brooks v. State Home Mortgage · filed 2014-06-25

To appeal that order, Brooks was required to comply with the interlocutory appeal procedure of OCGA § 5-6-34 (b). See id. And 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). See Bailey v. Bailey, 266 Ga. 832 (471 SE2d 213) (1996).

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

Beasley v. Morris · filed 2014-06-26(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Beasley 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)(6) requires an aggrieved party to use discretionary-appeal procedures when the total judgment is $10,000 or less.

Roscoe Emory Dean, Jr. v. Diaz · filed 2014-07-31(a)(6)

Where, as here, the total judgment is $10,000 or less, the aggrieved party must follow the discretionary appeal procedures in OCGA § 5-6-35.

Subsection (a)(1) requires an appellant seeking review of a superior-court order on a de novo appeal from a magistrate-court ruling to use the discretionary-appeal procedure.

Irshad v. Zafar · filed 2014-07-31(a)(1)

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

Section 5-6-35(a)(8) requires a discretionary-review application for an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Dunn v. States Resources Corp. · filed 2014-07-31(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

Section 5-6-35(a)(11) requires a party seeking review of a superior-court case reached by de novo appeal from magistrate court to follow the discretionary-appeal procedures.

Kap Suk Sims v. Citimortgage, Inc. · filed 2014-09-10(a)(11)

Because the case reached the superior court by virtue of a de novo appeal from magistrate court, Sims was required to follow the discretionary appeal procedures to seek appellate review in this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires appeals from denials of free-transcript applications for post-conviction collateral attacks to use the discretionary-appeal procedure.

Strickland v. State · filed 2014-09-19

Second, the trial court’s order is not subject to direct appeal. “[I]f no petition for habeas corpus is pending at the time an indigent prisoner makes any application for a transcript . . . for purposes of collateral attack upon his conviction or sentence, that application will be treated as a separate civil action subject to the procedures and requirements of the Prison Litigation Reform Act of 1996. Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.” Coles v. State, 223 Ga. App. 491, 492 (1) (477 SE2d 897) (1996); see OCGA § 42-12-8. Strickland’s failure to follow the discretionary appeal procedure deprives us of jurisdiction to consider this appeal.

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

Jones v. Srp Sub, LLC · filed 2014-10-29(a)(1)

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

Section 5-6-35(a)(11) requires a party seeking appellate review of a superior-court judgment entered after a de novo appeal from magistrate court to use the discretionary-appeal procedures.

Joseph v. Citimortgage, Inc. · filed 2014-10-29(a)(11)

Because the case reached the superior court by virtue of a de novo appeal from magistrate court, Joseph was required to follow the discretionary appeal procedures to seek appellate review in this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Her failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 requires an appeal from the denial of an indigent prisoner's request for free transcripts for a post-conviction collateral attack to follow discretionary-appeal procedures.

Robert a Broady v. State · filed 2014-11-19

“Specifically, appeals from the denial of any such application for free transcripts for post-conviction collateral attack must comply with the discretionary appeal procedures of OCGA § 5-6-35.”

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

Britt v. State · filed 2014-12-25

Finally, we note that although Britt filed a discretionary application rather than a direct appeal, compliance with the discretionary appeal statute, OCGA § 5-6-35, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6- 34 (b). See Bailey v. Bailey, 266 Ga. 832 (471 SE2d 213) (1996).

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

Yapp-Pow v. Key Property Services, LLC · filed 2015-01-08(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” ... “Such compliance is required even where the superior court dismisses the certiorari petition.”

Section 5-6-35 governs discretionary appeals but does not eliminate the additional interlocutory-appeal requirements in § 5-6-34(b).

Ben F. Christian, Jr. v. Carla Graves Christian · filed 2015-01-15

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(a)(1) requires a discretionary appeal for an appeal to the superior court from a de novo appeal of a magistrate-court decision.

Mitchell v. U. S. Bank Trust, N. A. · filed 2015-02-05(a)(1)

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

Subsection (j) authorizes a discretionary appeal from the denial of a motion for an out-of-time appeal, and subsection (g) provides ten days to file the notice of appeal after the application is granted.

Frederico Andres Espinal A.K.A Federico Andres Espinal v. State · filed 2015-03-12(j), (g)

Accordingly, this application for discretionary appeal is hereby GRANTED pursuant to OCGA § 5-6-35 (j). Espinal shall have ten days from the date of this order to file his notice of appeal in the trial court. OCGA § 5-6-35 (g).

An application for discretionary appeal under § 5-6-35 does not excuse a party seeking review of an interlocutory order from also satisfying the interlocutory-appeal requirements of § 5-6-34(b).

Ziyad v. El-Amin · filed 2015-04-13

Although Ziyad 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).

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

Robinson v. Chancy Properties · filed 2015-05-20(a)(11)

First, because the order at issue disposes of a de novo appeal from a magistrate court decision, Robinson was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Robinson’s failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(6) requires an application for discretionary appeal in damages actions where the judgment is $10,000 or less, and subsection (a)(1) requires discretionary-appeal procedures for a de novo appeal from a magistrate court decision.

Troutman v. Clark · filed 2015-05-20(a)(6), (a)(1)

First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less.” Second, because the order at issue disposes of a de novo appeal from a magistrate court decision, OCGA § 5-6-35 (a) (1) also required Troutman to follow the discretionary appeal procedures.

Section 5-6-35(a)(8) requires an application for a discretionary appeal from an order denying a motion to set aside a judgment.

alabama/georgia Bonding Company v. State of Georgia · filed 2015-05-20(a)(8)

Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion to set aside a judgment is discretionary and shall be made by application.

Subsection (a)(7) requires an appeal from an order denying an extraordinary motion for new trial to proceed by discretionary application.

Copeland v. State · filed 2015-07-08(a)(7)

First, an order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Copeland’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal.

Subsection (a)(8) requires a discretionary-appeal application, rather than a direct appeal, from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d).

Tunali v. Capital One Bank (Usa), N. A. · filed 2015-08-05(a)(8)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8); see MMT Enterprises, Inc. v. Cullars, 218 Ga. App. 559, 561 (2) (462 SE2d 771) (1995).

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal.

Kurtz v. State · filed 2015-08-10(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Thus, Kurtz is not entitled to a direct appeal from the order he challenges, and this direct appeal is hereby DISMISSED.