Ga. Code Ann. § 5-6-35

Appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings must be brought by application for discretionary appeal.

Estate of Bethelene Nicholson v. Regions Bank D/B/A Regions Mortgage · filed 2015-09-21(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.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Because the Estate did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) does not require discretionary review for child-custody cases, and a fee issue in a directly appealable final judgment does not require a separate discretionary application under subsection (a)(10).

Woodruff v. Choate · filed 2015-11-23(a)(2), (a)(10)

Rather, the current version of OCGA § 5-6-35 (a) (2), which requires applications for discretionary review in domestic relations cases and explicitly includes divorce and alimony cases in that designation, is silent as to child custody cases. ... Accordingly, final judgments in child custody cases, such as the trial court’s June 2014 order in this case, are directly appealable under the current statutory scheme. ... Choate argues that Woodruff’s appeal of attorney fees awarded pursuant to OCGA § 9-15-14 is governed by OCGA § 5-6-35 (a) (10), which requires a party to follow the discretionary appeals procedure to obtain review of an OCGA § 9-15-14 award. Since Woodruff’s appeal is properly before this Court as a direct appeal of a final judgment under OCGA § 5-6-34 (a) (1), however, she was not required to also file a discretionary application to challenge the award of attorney fees under OCGA § 9-15-14.

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

McBride v. State · filed 2016-02-18

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

Section 5-6-35 requires discretionary leave to appeal a final judgment in a covered case to be granted only when reversible error appears to exist.

Brown v. Clay County · filed 2016-04-25

“[A]pplications for leave to appeal a final judgment in cases subject to appeal under OCGA § 5-6-35 shall be granted only when reversible error appears to exist.

Subsection (a)(10) requires appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 to be brought by discretionary application rather than direct appeal.

Radford v. Roswell Landings Condominium Association, Inc. · filed 2016-04-25(a)(10)

Appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

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

Ayantunji v. Najarian Capital, LLC · filed 2016-05-12(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Ayantunji 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). Ayantunji’s failure to follow this procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(10) requires an award of attorney fees under OCGA § 9-15-14 to be appealed by application for discretionary appeal.

DISPAIN v. GRESHAM · filed 2016-06-10(a)(10)

We lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Green v. Savannah Springs Apartments · filed 2016-07-18(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.” (Punctuation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1). Green’s failure to follow the proper appellate procedures deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Lassie Brinson v. Alma Housing Authority · filed 2016-08-10(a)(1)

“appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation and citation omitted); see also OCGA § 5-6-35 (a) (1). Because Brinson did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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

Welter v. State of Georgia · filed 2016-08-10(a)(5.2)

Pursuant to OCGA § 5-6-35 (a) (5.2), however, “[a]ppeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19” must be taken by application for discretionary appeal.

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

ROBERT H. MCNAIR, CO-EXECUTOR v. RICHARD "RICHIE" HAROLD MCNAIR, PROPOUNDERS · filed 2016-08-25(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.

Subsection (a)(8) requires a discretionary appeal, rather than a direct appeal, from an order denying a motion to set aside a judgment.

Inoa v. Marte · filed 2016-08-25(a)(8)

However, under OCGA § 5-6-35 (a) (8), an appeal from the denial of a motion to set aside a judgment requires the discretionary appeal procedures. Accordingly, this direct appeal must be DISMISSED for lack of jurisdiction.

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).

Tyrone Cornell Gibson, Jr. v. Gibson · filed 2016-09-22

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 an application for discretionary appeal when the appeal is from a superior-court decision reviewing a lower court's decision by certiorari or de novo proceedings.

Muhammad v. Acceptance Auto Sales, Inc. · filed 2016-09-22(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). The plaintiffs’ failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires a discretionary-appeal application for appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings.

Smith v. U.S. Bank Trust National Association · filed 2016-10-25(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1).

Section 5-6-35’s discretionary-appeal procedure does not excuse compliance with the additional interlocutory-appeal requirements for review of an interlocutory order, and the prisoner-appeal requirement to use that procedure does not apply to habeas corpus cases.

Diarra v. Jeffrey Mann, Dekalb County Sheriff · filed 2016-11-21

Although Diarra 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). ... In addition, while OCGA § 42-12-8 provides that appeals of all actions filed by prisoners must follow the discretionary application procedures of OCGA § 5-6-35, that requirement does not apply to habeas corpus cases.

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

Hester v. mugshots.com, LLC · filed 2016-11-21

Although Hester 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)(10) requires an application for discretionary appeal within 30 days to appeal an attorney-fee order entered under OCGA § 9-15-14.

Hotchkiss v. McGuire Floor Covering, Inc. · filed 2016-12-28(a)(10)

Hotchkiss could have appealed the trial court’s order granting attorney fees to McGuire under OCGA § 9-15-14 by filing an application for discretionary appeal within 30 days. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a lower tribunal's decision to be taken by application for discretionary appeal.

McIntyre v. Baker County Board of Education · filed 2017-03-15(a)(1)

An appeal from a decision of the superior court reviewing a decision of a lower tribunal, however, must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (1); see also Hogan v. Taylor County Bd. of Ed., 157 Ga. App. 680 (278 SE2d 106) (1981).

Section 5-6-35 requires a discretionary appeal from the denial of an indigent prisoner's request for free transcripts of criminal proceedings when no habeas corpus petition is pending.

Marshall v. State · filed 2017-03-29

If no petition for a writ of habeas corpus is pending when an indigent prisoner seeks free transcripts of his criminal proceedings 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,” and appeals from the denial of any such applications must comply with the discretionary appeal procedures of OCGA § 5-6-35. ... Because Marshall has not shown that he has a pending habeas corpus petition, he was required to appeal the denial of his request for court records by discretionary application.

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

Agey v. State · filed 2017-07-04

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: when the application is granted, the appellant must file the notice of appeal in the trial court within ten days of the granting order.

Bowens v. State · filed 2017-08-04(j), (g)

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

Section 5-6-35(a)(7) requires a party seeking review of an order denying an extraordinary motion for new trial to use the discretionary-appeal procedure.

DALE M. IRVING v. ANLOCK DEVELOPMENT CORPORATION D/B/A BLANKENSHIP TRUCK REPAIRS · filed 2017-08-22(a)(7)

Here, because the trial court’s order involved the denial of an extraordinary motion for new trial, Irving was required to follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (7); Rebich, supra.

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 under Section 5-6-34(b).

Bond III v. Juliet Windham Bond · filed 2017-10-11

Although he filed an application for discretionary 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).

Section 5-6-35(a)(9) does not authorize a discretionary appeal from an order denying a request to stay trial-court proceedings because that order is not injunctive relief.

Yellowstone, LLC v. Thompson · filed 2017-10-16(a)(9)

Contrary to Yellowstone’s argument, an order denying a request to stay the trial court proceedings does not constitute injunctive relief for which a direct appeal may lie under OCGA § 5-6-34 (a) (4) or for which a discretionary appeal may lie under OCGA § 5-6-35 (a) (9).

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.

McCowan v. State · filed 2017-10-20(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(8) requires a party seeking appellate review of an order denying relief under OCGA § 9-11-60(d) to use the discretionary-appeal procedures.

Perkins v. Georgia Receivables, Inc., Assignee of Santander Consumer USA, Inc. · filed 2018-01-30(a)(8)

To the extent Perkins sought relief under this provision, she was required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s order denying her motion. See OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(1) requires discretionary appeals for appeals from superior-court decisions reviewing Georgia Department of Revenue Commissioner decisions, except ad valorem tax cases.

MANN'S WORLD, LLC D/B/A THE RIFLEMAN v. GEORGIA DEPARTMENT OF REVENUE · filed 2018-06-26(a)(1)

All appeals from decisions of superior courts reviewing decisions of the Commissioner of the Georgia Department of Revenue, with the exception of cases involving ad valorem taxes, must comply with the discretionary appeals procedure of OCGA § 5-6-35.

Section 5-6-35 governs discretionary appeals, and the Court of Appeals will ordinarily grant a timely application when the lower court’s order is subject to direct appeal; an order denying a motion to vacate a void criminal judgment is not subject to direct appeal under the circumstances described.

Bailey v. State · filed 2018-12-19(j)

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

Section 5-6-35(a)(7) requires an appeal from an order denying an extraordinary motion for new trial to proceed by discretionary application.

Abanifi v. State · filed 2019-01-15(a)(7)

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

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

Johnson v. State · filed 2013-09-13

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

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

Blue Conglomeration, LLC v. Fleetmatics USA · filed 2015-07-23(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.

The discretionary-appeal provision for administrative appeals does not apply when the complaint was not an administrative appeal and administrative remedies had not been exhausted.

Spicer v. Mark Butler, Commissioner Ga Dol. · filed 2014-06-11(a)(1)

The order to be appealed is a final order, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply. ... Although Spicer claims that the complaint was actually an administrative appeal pursuant to OCGA § 34-8-223, the superior court properly found that it was not. Among other things, when Spicer filed the complaint, she had not yet exhausted her administrative remedies because the DOL had not issued a final decision. See Reid v. City of Albany, 276 Ga. App. 171, 173 (3) (622 SE2d 875) (2005). Thus, OCGA § 5-6-35 (a) (1) does not apply here.

Section 5-6-35 (a)(1) requires a party appealing a superior court order dismissing an appeal from magistrate court to use discretionary appeal procedures.

Arnold v. Ih3 Property of Georgia L.P. · filed 2016-05-11(a)(1)

First, because Arnold seeks to appeal a superior court order dismissing an appeal from magistrate court, he was required to follow the discretionary appeal procedures.1 See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 does not apply when a final order is subject to direct appeal, and a discretionary-appeal application is superfluous after a notice of direct appeal has been filed.

Georgia Department of Administrative Services v. McCoy · filed 2016-05-11

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.” ... The order to be appealed is a final order, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply. Ordinarily, we will grant a timely application when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

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

McCaskill v. Selence Finance · filed 2016-05-11(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, McCaskill 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). McCaskill’s failure to follow this procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED for lack of jurisdiction.

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

Heidi K. Cooper v. Citimortgage, Inc. · filed 2017-02-07(j)

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

Section 5-6-35 requires the discretionary-appeal procedure for an attorney-fee award under OCGA § 9-15-14, but using that procedure does not excuse the additional interlocutory-appeal requirements when the order is interlocutory.

Ankrah v. Lawrence · filed 2019-04-11(a)(10)

Although Ankrah 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 (5.1) requires a discretionary application for appeals from superior-court reviews of Sexual Offender Registration Review Board decisions, and subsection (j) allows a timely application for a directly appealable order to be granted.

Robinson v. State · filed 2019-05-09(5.1), (j)

OCGA § 5-6-35 (5.1) requires a discretionary application to appeal from “decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board.” However, this case does not involve a decision of the Sexual Offender Registration Review Board. Thus, it appears that Robinson 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). Accordingly, this application is hereby GRANTED.

Section 5-6-35(a)(2) permits a discretionary appeal application, but filing one does not excuse compliance with the separate requirements for an interlocutory appeal.

In the Interest of D. G., a Child · filed 2019-05-16(a)(2)

Although Becker filed an application for discretionary appeal pursuant to OCGA § 5-6-35 (a) (2),3 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 requires a discretionary appeal for cases within its listed categories, but does not govern cases outside those categories.

American International Industries v. Underwood · filed 2019-06-20

Under OCGA § 5-6-34 (a) (1), a direct appeal may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below,” except as provided in OCGA § 5-6-35, the discretionary appeal statute. Here, the superior court’s May 9 order is a final order that disposed of all issues in this action, leaving nothing pending in that court, and this case does not fall within the categories of cases governed by OCGA § 5-6-35.

Section 5-6-35 is Georgia’s discretionary-appeal statute and does not govern cases outside its specified categories.

STATE OF GEORGIA v. PATEL · filed 2019-08-21

Under OCGA § 5-6-34 (a) (1), a direct appeal may be taken from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below,” except as provided in OCGA § 5-6-35, the discretionary appeal statute. Here, the trial court’s June 24 order is a final order that dismissed the complaint and announced the return of all of the property identified in the complaint to Jigneshkumar Patel and Toral Patel, pending any appeal. Additionally, this case does not fall within the categories of cases governed by OCGA § 5-6-35.

Section 5-6-35(a)(7) and (b) require an application for discretionary review to appeal an order denying an extraordinary motion for a new trial, and compliance with that procedure is jurisdictional.

Harris v. State · filed 2019-08-21(a)(7), (b)

To the extent that Harris challenges the denial of his extraordinary motion for new trial, an appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “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)(1) requires an appeal from a superior-court decision reviewing a State Board of Workers’ Compensation decision to be brought by application for discretionary appeal.

Steward v. Mrs. Fields Cookies · filed 2019-09-23(a)(1)

However, an appeal from a decision of the superior court reviewing a decision of the Board must be brought by application for discretionary appeal.

Section 5-6-35's discretionary-appeal procedure does not excuse compliance with the additional requirements for appealing an interlocutory order under Section 5-6-34(b).

Paramount Capital Investments, LLC v. Goldman Sachs & Co., LLC · filed 2019-10-25

Although Paramount did file a discretionary application, 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).

An application under § 5-6-35 does not eliminate the separate interlocutory-appeal requirements when the order is interlocutory.

Larry Gene Anthony, II v. State · filed 2019-12-04(a)(5)

Although Anthony filed an application for discretionary appeal, as described in OCGA § 5-6-35,2 compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the interlocutory appeal procedures – including obtaining a certificate of immediate review from the trial court – set forth in OCGA § 5-6-34 (b).

Section 5-6-35's discretionary-appeal procedure does not eliminate the separate certificate-of-immediate-review requirements for an interlocutory appeal.

Anitra Freeman v. Misty Reeves · filed 2019-12-04

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

Section 5-6-35(b) requires an application for discretionary appeal when a party seeks review of an order denying a motion to set aside a final judgment under OCGA § 9-11-60.

Peter Thompson Construction, Inc. v. Ball · filed 2020-04-03(b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

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.

Katina Smalls v. Okoye · filed 2020-05-04(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(b) requires an application for discretionary appeal, rather than a direct appeal, from the denial of a motion to set aside a final judgment under OCGA § 9-11-60.

Gordon v. Deutsche Bank National Trust Company · filed 2020-05-22(b)

[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).

Section 5-6-35 (a) (1) permits an aggrieved party to seek a discretionary appeal in the Court of Appeals after a superior court decision reviewing the probate-court order.

In Re Kalei Hope Bulwinkle, Ward · filed 2020-06-05(a)(1)

See OCGA § 5-6-35 (a) (1). Absent a superior court decision, however, we lack jurisdiction over this application for discretionary review, which is hereby DISMISSED.

Section 5-6-35(b) requires a party seeking review of the denial of a motion to set aside a final judgment under OCGA § 9-11-60 to file an application for discretionary appeal.

Patel v. Bc 35, LLC · filed 2020-07-20(b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

Section 5-6-35 governs discretionary appeals but does not eliminate the additional interlocutory-appeal requirements for reviewing an interlocutory order.

Marquez v. Aguirre · filed 2022-09-09

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). See Bailey v. Bailey, 266 Ga. 832, 833 (471 SE2d 213) (1996).

Section 5-6-35 allows a timely discretionary-appeal application to be granted when the lower court's order is subject to direct appeal and gives the applicant ten days after the grant to file a notice of appeal.

Lumpkin County, Georgia v. the State of Georgia · filed 2023-01-04(g), (j)

Given that these appeals are from a final judgment, and because they do not fall into any category of case listed in OCGA § 5-6-35, the County is entitled to a direct appeal in both cases. See OCGA § 5-6-34 (a) (1). 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). Accordingly, these applications are hereby GRANTED, and the County shall have ten days from the date of this order to file notices of appeal with the trial court, if it has not already done so. See OCGA § 5-6-35 (g).

Section 5-6-35 requires an application for discretionary appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceedings, and compliance with that procedure is jurisdictional.

MARK A. BEUTE v. HOTEL MOTEL GROUP USA, INC. · filed 2023-05-12(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. 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). Here, the Beutes appealed the magistrate court’s grant of a writ of possession to superior court, but their failure to file an application for discretionary appeal from the superior court’s judgment deprives us of jurisdiction over this appeal.

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

Waddell v. Vinings Overlook Townhome Association, Inc. · filed 2023-09-07(a)(8)

First, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

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

In Re: Daishaun Lee Burgess, Ward · filed 2023-11-14(a)(8)

First, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come by application for discretionary appeal. See OCGA § 5-6-35 (a) (8).

Subsection (a)(10) requires appeals of attorney-fee awards under OCGA § 9-15-14 to be brought by application for discretionary review.

Terrell Mark Nelson, as of the Estate of Jim Minter Nelson, Jr. v. Nelson · filed 2024-01-05(a)(10)

Appeals of attorney fees awards under OCGA § 9-15-14 must be taken by application for discretionary review. OCGA § 5-6-35 (a) (10); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a lower-court decision to be brought by discretionary application.

Smith v. Smith · filed 2025-03-07(a)(1)

Appeals from decisions of the superior courts reviewing decisions of lower courts must come by discretionary application. See OCGA § 5-6-35 (a) (1).

Section 5-6-35(b) requires an application for discretionary appeal to challenge a denial of a motion to set aside a final judgment, and compliance with that procedure is jurisdictional.

Anthony P. Brown, Jr. v. Avis Rent a Car System LLC · filed 2025-07-18(b)

“[T]he denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b).”

Section 5-6-35 requires an appeal from an order awarding OCGA § 9-15-14 attorney fees to be initiated by a discretionary-review application filed within 30 days, and compliance with that procedure is jurisdictional.

Helton v. Ronald Whelan, Trustee of the Linda Whelan Cooper Trust · filed 2025-07-29(a)(10), (b), (d)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. ... And a discretionary application must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Brown v. Spivey Junction Station, LLC · filed 2025-12-12(a)(8)

As we have informed Brown in his previous appeals, an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) must be made by application for discretionary appeal. See OCGA § 5-6-35(a)(8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Brown’s failure to file a discretionary application thus deprives this Court of jurisdiction over this appeal.

Section 5-6-35 requires certain appeals, including domestic-relations appeals and appeals from orders denying motions to set aside under OCGA § 9-11-60(d), to be initiated by an application for discretionary review.

Wilkerson v. Gallo · filed 2026-01-08(a)(2), (a)(8), (b)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) requires the filing of an application for discretionary appeal. See OCGA § 5-6-35(a)(8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). ... Similarly, appeals of orders in domestic relations cases — including actions arising under the Family Violence Act — also must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a)(2), (b); Phaneuf v. Anthony, 375 Ga. App. 636, 637 (917 SE2d 191) (2025).

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

Vernard K. Carter, Jr. v. Ace Homes, LLC · filed 2026-04-27(a)(1)

Because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, Carter was required to follow the discretionary appeal procedures in order to appeal. OCGA § 5-6-35(a)(1); Greig v. Putnam County, 237 Ga. App. 57, 57 (513 SE2d 294) (1999).

Section 5-6-35(j) permits granting a timely discretionary-review application when the lower court order is directly appealable, and subsection (g) gives ten days after the grant to file the notice of appeal.

James v. Gwinnett County State Court · filed 2026-05-08(j), (g)

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

Section 5-6-35(j) permits granting a timely discretionary-review application when the lower court’s order is subject to direct appeal, and subsection (g) gives the applicant ten days from the date of the order granting the application to file a notice of appeal.

Chung v. Gwinnett County · filed 2026-05-08(j), (g)

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). ... Chung shall have ten days from the date of this order to file a notice of appeal with the superior court, if he has not already done so. See OCGA § 5-6-35(g).

Section 5-6-35(a)(2) requires use of the discretionary-appeal procedure for this child-support appeal.

Nelson v. McKenzie · filed 2021-08-26(a)(2)

The discretionary appeal procedure outlined in OCGA § 5-6-35 was required (and was followed) in Case No. A21D0385.

When a granted discretionary appeal is transferred to the appellate court with jurisdiction, that court may proceed with the appeal without striking it and re-docketing it as an application; proceeding implicitly treats the application as granted.

Spurlock v. Department of Human Resources · filed 2010-02-15(f)

Striking and re-docketing this appeal is not required to preserve our ultimate jurisdiction over the application. ... Throughout the pendency of this appeal, we have had the option to exercise our jurisdiction by dismissing the appeal as having been improvidently granted. By declining to do so, we have not ignored the jurisdictional limits set forth in the special concurrence, and instead have implicitly determined that the application was properly granted.

An appeal from an order denying a motion to set aside a judgment is discretionary and requires compliance with the procedure for seeking review.

North Georgia Home Construction Co. v. Lackey · filed 1989-10-31(a)(8)

Because OCGA § 5-6-35 (a) (8) requires that appeals taken from orders denying a motion to set aside a judgment are discretionary and appellant did not follow the applicable procedure to secure ... appellate review of the denial of his motion to set aside, we cannot entertain that portion of this appeal.

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

Stewart v. Halouska · filed 2019-10-04(a)(8)

Pursuant to OCGA § 5-6- 35 (a) (8), however, a party must follow the discretionary appeal procedures to obtain appellate review of an order denying a motion to set aside a judgment under OCGA § 9-11-60.

Subsection (a)(6) requires the discretionary appeal procedure for a money judgment in an action for damages totaling $10,000.00 or less.

Bryan v. Taylor · filed 2013-11-06(a)(6)

The discretionary appeal procedure is required where – as here – a money judgment in an action for damages totals $10,000.00 or less. See OCGA § 5-6-35 (a) (6); Hill v. Rose Electric Co., 220 Ga. App. 603 (469 SE2d 844) (1996). Because Bryan failed to follow the discretionary appeal procedure, this appeal is hereby DISMISSED for lack of jurisdiction.

Subsection (a)(6) requires a discretionary appeal when a money judgment in an action for damages totals $10,000.00 or less.

Nowlin v. Citibank, N.A. · filed 2014-03-11(a)(6)

The discretionary appeal procedure is required where a money judgment in an action for damages totals $10,000.00 or less.

Section 5-6-35 requires a discretionary appeal in a damages action when the judgment is $10,000 or less.

Whitfield v. City of Atlanta · filed 2013-11-12(a)(6)

However, the judgment against Secure Parking Enforcement was for $450 and, under OCGA § 5-6- 35 (6), the discretionary appeal procedures are required in actions for damages in which the judgment is for $10,000 or less.

Subsection (j) requires the Court of Appeals to grant discretionary review when a party applies for it from an order that is directly appealable.

Welch v. Suntrust Mortgage, Inc. · filed 2013-11-06(j)

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

Subsection (j) permits the court to grant discretionary review when a party seeks review of a directly appealable order.

Jinks v. State · filed 2014-07-31(j)

When a party applies for discretionary review of a directly appealable order, we grant the application under 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 2014-08-14(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(a)(8) requires discretionary-appeal procedure to review an order denying a motion to set aside, but an otherwise timely application may be granted under subsection (j) when the order also dismisses the case and is directly appealable.

Molette v. City of Forest Park · filed 2014-12-03(a)(8), (j)

Pursuant to OCGA § 5-6-35 (a) (8), a party must follow the discretionary appeal procedure to obtain review of an order denying his § OCGA 9-11-60 (d) motion to set aside. In this case, however, the trial court’s order not only denied Molette’s motion to set aside, but also dismissed his case. Under these circumstances, the order is a directly appealable final judgment. See OCGA § 5-6-34 (a) (1). 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 the basis for granting an application for discretionary review of an order that is directly appealable.

Fuller v. State · filed 2015-06-22(j)

No application for discretionary appeal is required to appeal a criminal conviction. Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Section 5-6-35(j) does not require a discretionary-appeal application when the order is directly appealable, although an application filed in that circumstance is due to be granted.

Granite Loan Solutions, LLC v. King · filed 2015-11-02(j)

Because the order on appeal included the denial of a motion for new trial, it was directly appealable. See generally PHF II Buckhead LLC v. Dinku, 315 Ga. App. 76, 80-81 (2) (726 SE2d 569) (2012) (considering direct appeal of order denying motion for new trial on damages, which sought reexamination of issues of fact, in case involving default judgment). Because the order on appeal was directly appealable, the application for discretionary appeal, while not necessary, was due to be granted. OCGA § 5-6-35 (j).

Section 5-6-35(a) does not apply when the order is directly appealable, and subsection (j) allows the Court of Appeals to grant an otherwise timely discretionary application in that situation.

Gentry v. State · filed 2017-05-17(a), (j)

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

Section 5-6-35(a) does not require a discretionary application when the order is directly appealable, and under subsection (j) the Court of Appeals grants an otherwise timely discretionary application if the lower court's order is directly appealable.

Aubrey Clayton Silvers, Jr. v. State · filed 2017-08-22(a), (j)

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

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

McIntyre v. Jeffrey Moss, Trustee · filed 2018-07-19(j)

If a party timely applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j).

Section 5-6-35(j) provides for granting a timely application for discretionary review when the order is directly appealable.

Smith III v. Murphy · filed 2018-08-13(j)

If a party timely applies for discretionary review of a directly appealable order, we will grant the application under OCGA § 5-6-35 (j).

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

Stroud v. J.B. Nutter and Company · filed 2021-04-20(j), (g)

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

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

Douglas v. State · filed 2021-06-09(j)

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

Subsection (j) permits granting a timely discretionary application when the lower-court order is directly appealable, followed by the notice procedure in subsection (g).

Larkin v. Madison County School District · filed 2021-07-23(j), (g)

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

Section 5-6-35(j) provides that the Court of Appeals will grant a timely discretionary-appeal application when the order sought to be appealed is directly appealable.

Looney v. State · filed 2022-02-28(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary appeal where the order sought to be appealed may be appealed directly.

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

Sheats v. State · filed 2022-04-07(j)

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

Section 5-6-35 allows a timely discretionary application to be granted when the lower court’s order is directly appealable and requires the notice of appeal to be filed within ten days after the grant.

Roderick Green, Jr v. Art and Emerald, LLC · filed 2026-06-08(a), (g), and (j)

It appears that no provision of the discretionary appeal statute applies and that the trial court’s order is final and directly appealable. See OCGA §§ 5-6-34(a)(1)(B) & 5-6-35(a); Smithson v. Harry Norman, Inc., 192 Ga. App. 796, 796(1) (386 SE2d 546) (1989). This Court will grant a timely discretionary application if the lower court’s order is directly appealable. See OCGA § 5-6-35(j). Accordingly, this application is hereby GRANTED. Green shall have ten days from the date of this order to file a notice of appeal with the trial court if he has not already done so. See OCGA § 5-6-35(g).

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

Optumrx, Inc. v. Georgia Department of Community Health · filed 2013-12-12(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 directly appealable and the applicant has not already filed a notice of appeal.

Seago v. the Estate of Berry Earle, III · filed 2014-01-21(j)

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

Section 5-6-35(j) allows 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.

Levitt v. Levitt · filed 2014-05-14(j)

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

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.

Hill v. Davis · filed 2015-10-22(j)

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

Fladger v. Fladger · filed 2017-07-26(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) provides that a timely discretionary application will be granted when the lower court’s order is subject to direct appeal, and subsection (g) gives the applicant ten days to file a notice of appeal after the grant.

Smith v. State · filed 2018-01-09(j), (g)

An order denying a motion in arrest of judgment is directly appealable. ... 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, Smith’s application is hereby GRANTED. He shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. See OCGA § 5-6-35 (g).

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

Auld v. Rosario · filed 2019-09-23(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.

Subsection (j) requires the Court of Appeals to grant a timely discretionary-appeal application when the order at issue is directly appealable.

Pritchett v. State · filed 2021-01-25(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary appeal where the order sought to be appealed may be appealed directly.

Section 5-6-35(a)(1) does not require a discretionary application to appeal a superior court order reviewing the Georgia Lottery Corporation because the corporation is not a state agency.

ARC GAMING & TECHNOLOGIES, LLC v. HIRAM IMP, INC. · filed 2025-06-02(a)(1)

Although appeals “from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must come by discretionary application under OCGA § 5-6-35 (a) (1), the GLC is not a state agency and, as a result, a party ... is not required to file an application for discretionary review to seek review of a superior court’s order.

Section 5-6-35 requires a discretionary appeal for an indigent prisoner's appeal from the denial of a free transcript sought for a post-conviction collateral attack when no habeas petition is pending.

Dailey v. State · filed 2013-12-13

“[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.” ... The same rule applies here. Because Daily is seeking the production of evidence for a collateral attack on his conviction – and because Dailey has not shown a pending habeas petition – his failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(j) permits an otherwise timely discretionary application when the lower court's order is directly appealable, and filing the application under subsection (h) acts as supersedeas so the superseded order may not be enforced pending appeal.

Drawdy v. Erik S. Hullender, A/K/A Eric S. Hullender · filed 2014-02-05(h), (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. ... Pursuant to OCGA § 5-6-35 (h), the filing of an application for discretionary appeal acts as supersedeas. The trial court’s order, having been superseded, may not be enforced pending appeal.

(a)(8) requires a party seeking appellate review of an order denying a motion to set aside a judgment for lack of jurisdiction to use discretionary-appeal procedures.

Nguyen v. State of Georgia · filed 2014-02-05(a)(8)

To the extent the claimants sought relief under this provision, they were required to follow the discretionary appeal procedures to obtain appellate review of the trial court’s order denying their motion. See OCGA § 5-6-35 (a) (8); Arrowhead Alternator v. CIT Communications Finance Corp., 268 Ga. App. 464, 466 (602 SE2d 231) (2004).

Section 5-6-35 requires discretionary-appeal applications for superior-court decisions reviewing lower-court decisions, and a properly and timely filed application acts as a supersedeas.

Sanders v. U.S. Bank, N.A. · filed 2015-04-17(a)(1), (b), (h)

“[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. OCGA § 5-6-35 (a) (1), (b).” (Citation omitted.) Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). See also Dean's Catering v. Sturm & Associates, 231 Ga. App. 202, 202-203 (498 SE2d 786) (1998) (An appeal from a decision of the superior court reviewing de novo a decision of the magistrate court and, thereafter, granting summary judgment and a writ of possession is subject to the discretionary appeal procedures of OCGA § 5-6-35 (a) (1).). Further, the proper and timely filing of an application for discretionary appeal acts as a supersedeas. See OCGA § 5-6-35 (h) (“The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.”).

Subsection (a) does not apply to an application for discretionary review of the order at issue here.

Boone v. State · filed 2015-06-22(a)

No provision of OCGA § 5-6-35 (a) appears to apply here.

Section 5-6-35(a)(6) requires an application for discretionary appeal when the judgment is $10,000 or less, including an appeal from a summary judgment.

Tyler v. Cach LLC · filed 2015-08-17(a)(6)

“Although the grant of a motion for summary judgment is in general directly appealable, where the amount of the judgment is $10,000 or less, an application for discretionary appeal is required.” (Punctuation omitted.) Ca-Shar, Inc. v. McKesson Corp., 204 Ga. App. 865, 865 (420 SE2d 810) (1992); see also OCGA § 5-6-35 (a) (6).

Section 5-6-35(a)(1) requires an appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceeding to be brought by application for discretionary appeal.

Taher v. U.S. Bank National Association · filed 2016-09-30(a)(1)

“Appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). Because Taher did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

ABDULNABI v. SEKIK · filed 2022-12-21(a)(8)

The denial of a motion to set aside pursuant to OCGA § 9-11-60 (d) is subject to the discretionary appeal procedure – with which the judgment debtors have not complied. See Noaha, 306 Ga. App. at 325-326 (1); OCGA § 5-6-35 (a) (8).

An appeal from a superior-court decision reviewing a State Board of Workers’ Compensation decision must be brought by discretionary appeal application.

Moore v. Georgia Pacific Corp. · filed 2014-02-06(a)(1)

An appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal. OCGA § 5-6-35 (a) (1); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279 (471 SE2d 59) (1996). Because Moore failed to follow the proper appellate procedure, his appeal is hereby DISMISSED for lack of jurisdiction. See Adivari, supra.

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a State Board of Workers’ Compensation decision to proceed by discretionary application.

Jones v. Wal-Mart Stores Inc. · filed 2016-03-11(a)(1)

However, an appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal.

Subsection (a)(1) requires an appeal from a superior-court order reviewing a decision of the State Board of Workers’ Compensation to be brought by application for discretionary appeal.

Eastman v. Global Personnel Services, Inc. · filed 2018-10-17(a)(1)

However, an appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279 (471 SE2d 59) (1996). Because Eastman failed to follow the proper appellate procedure, his appeal is hereby DISMISSED for lack of jurisdiction. See Adivari, supra.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a State Board of Workers’ Compensation decision.

MONTES v. JAYHILL TRUCKING · filed 2022-08-04(a)(1)

However, an appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal.

Section 5-6-35(a)(1) requires an appeal from a superior court decision reviewing a State Board of Workers’ Compensation decision to be brought by application for discretionary appeal.

BELGRAVE v. PUBLIX SUPERMARKET INC. · filed 2023-08-15(a)(1)

An appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279, 279 (471 SE2d 59) (1996) (to obtain review of superior court order dismissing claimant’s appeal from a decision of the State Board of Workers’ Compensation, claimant was required to file an application for discretionary appeal).

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a State Board of Workers’ Compensation decision to be brought by discretionary-appeal application.

ORTIZ v. PRATT INDUSTRIES, INC. · filed 2024-08-30(a)(1)

An appeal from a decision of the superior court reviewing a decision of the State Board of Workers’ Compensation must be brought by application for discretionary appeal.

Section 5-6-35(c) requires an application for discretionary review to include a copy of the order being appealed, and failure to do so prevents the appellate court from assuming jurisdiction.

Goff v. State · filed 2014-02-07(c)

To the extent that Goff seeks to challenge the revocation of his probation, his failure to include the order precludes appellate review. Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (b), an application for discretionary review must include a copy of the order being appealed. In the absence of the appealable order, we are unable to assume jurisdiction.

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days of the challenged order, and subsection (c) requires a stamped “filed” copy of that order.

Petty v. State · filed 2014-10-29(c), (d)

However, Petty has not included any motions allegedly filed by him or any court orders addressing those motions. Accordingly, we are unable to determine whether his application was filed within 30 days of the order(s) he challenges. See OCGA § 5-6-35 (d) (providing that an application must be filed within 30 days of the entry of the order); see also OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (e) (providing that an application for discretionary review must include a stamped “filed” copy of the order being appealed).

Subsection (c) requires an application for discretionary review to include a copy of the order being appealed; compliance is jurisdictional.

Elsie Bridges v. American Homes 4 Rent Properties, LLC · filed 2016-05-11(c)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (b), an application for discretionary review must include a copy of the order being appealed. In the absence of the appealable order, we are unable to assume jurisdiction.

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

Langshaw v. Lpp Mortgage, Ltd. · filed 2014-02-18(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 the Langshaws have filed a notice of appeal, this application is hereby GRANTED.

Subsection (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.

Chandler v. Rohner · filed 2014-07-01(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) requires the Court of Appeals to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Atlanta Independent School System v. Rogers · filed 2014-07-08(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 order is subject to direct appeal and the applicant has not timely filed a notice of appeal.

Hancock Road Capital Investments, LLC F/K/A the Village at Towne Lake, Inc. v. Cherokee County, Georgia · filed 2015-08-14(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 to grant an otherwise timely discretionary application when the lower court’s order is subject to direct appeal.

Sheffield v. Sheffield · 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).

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

Davis v. State · filed 2015-12-17(j)

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

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

Mark McGarity, Sr. v. State · filed 2016-05-11(j)

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

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

Wilson v. Moore · filed 2016-06-16(j)

This Court will grant an otherwise timely discretionary application if the lower court's order is directly appealable and the applicant has not already filed a notice of appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

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

Howell v. State · filed 2016-07-18(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.

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

Badichi v. Albion Trading Inc. · filed 2016-08-25(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.

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

Gerald K. Johnson, Jr. v. Johnson · filed 2016-09-09(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.

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

Davis v. State · filed 2016-11-21(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.

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

Forrester v. Forrester · filed 2017-02-07(j)

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

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

Leger v. Leblanc · filed 2017-06-12(j)

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

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

Restored Church Association of Georgia, LLC v. New Faith Christian Church, Inc. · filed 2017-12-19(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) supports granting a timely discretionary application when the challenged order is subject to direct appeal.

Churchill v. Araya · filed 2018-01-30(j)

An order that simultaneously denies both a motion for new trial and a motion to set aside a judgment under OCGA § 9-11-60 (d) is directly appealable. ... We will grant a timely discretionary application pursuant to OCGA § 5-6-35 (j) if the order is subject to direct appeal. This application is accordingly GRANTED.

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

Bentley v. State · filed 2018-12-19(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 directly appealable and the applicant has not already filed a notice of appeal.

Ogunlana v. Futrell · filed 2019-04-30(j)

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

Subsection (j) requires the Court of Appeals to grant a timely discretionary application when the underlying order is directly appealable and no notice of appeal has already been filed.

Ross v. Chenea Small · filed 2019-08-23(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).

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

Beall v. Beall · filed 2023-04-24(j)

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

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

Hawkins v. Galvin · filed 2023-08-17(j)

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

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

Fore v. Shimmeal Griffin · filed 2023-09-22(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) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Herbert v. State · filed 2024-03-27(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(j) requires the Court of Appeals to grant an otherwise timely discretionary application when the challenged order is subject to direct appeal.

Jackson v. Jackson · filed 2024-10-10(j)

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

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

Earle v. Kembi · filed 2024-12-02(j)

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

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

Woomer v. U.S. Bank National Association, as Trustee for Structured Asset Securities Corporation Mortgage Pass · filed 2025-03-11(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) 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.

Bell v. Karli Swift · filed 2025-03-26(j)

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

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.

In Re T. F. T., Children (Father) · filed 2025-05-19(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.

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

Benton v. City of Port Wentworth · filed 2025-11-03(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) directs the Court to grant a timely discretionary application when the challenged order is subject to direct appeal.

Woods v. Allstate Insurance Company · filed 2026-03-04(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(j) provides for granting a 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 order to file a notice of appeal.

Karbasyoun v. Foamworks Alpharetta, LLC · filed 2026-04-08(j) and (g)

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. Karbasyoun shall have ten days from the date of this order to file a notice of appeal with the trial court, if he has not already done so. See OCGA § 5-6-35(g).

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

roberts/heywood Property v. Rayonier Forest Resources, Lp · filed 2026-05-19(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. City of Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this application is hereby GRANTED.

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

Carter v. Simpson · filed 2019-09-23(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).