Ga. Code Ann. § 5-6-35

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

Wynn v. Urode · filed 2022-12-21(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 requires an application for discretionary review of a directly appealable order to be filed within 30 days of the order's entry.

Davis v. Ballinger · filed 2016-10-25(d) & (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

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

Atlanta Contract Glazing, Inc. v. Georgia Department of Insurance · filed 2014-05-14(d)

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

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

Nyepah v. State · filed 2014-05-21(d)

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

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

Allen v. State · filed 2014-07-07(d)

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

An application for discretionary appeal must be filed within 30 days after entry of the order or judgment being appealed, and that deadline is jurisdictional.

Edward Stanford, III v. State · filed 2015-02-05(d)

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

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

Harpo v. Mordena Bolt · filed 2015-04-10(d)

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

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

Hafez v. State · filed 2015-08-10(d)

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

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

Schwarz v. Georgia Medical Board · filed 2015-09-21(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application. See Crosson v. Conway, 291 Ga. 220 (1) (728 SE2d 617) (2012).

Section 5-6-35 makes compliance with its application requirements a jurisdictional prerequisite, so an appellate court cannot accept a noncompliant application.

Franklin v. State · filed 2015-12-17(a)

As compliance with the requirements of OCGA § 5-6-35 is a jurisdictional requirement, an appellate court has no authority to accept an application without compliance with these statutory provisions.

Section 5-6-35 requires a discretionary application to be filed within 30 days of the order appealed from, and compliance with the statute is jurisdictional.

Johnson v. State · filed 2016-01-26(d)

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

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

Jackson Sr. v. Lehern McGovern Bovis Inc. · filed 2016-02-18(d)

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

Section 5-6-35 requires a discretionary-review application to be filed within 30 days of the order and treats those requirements as jurisdictional.

Walton v. State · filed 2016-10-25(d)

Ordinarily, if a party applies for discretionary review of a directly appealable order – such as a conviction and sentence in a criminal case – we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582-583 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

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

Quarterman v. Georgia Commissioner of Georgia Department of Human Resources · filed 2016-11-21(d)

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

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

Moran v. State · filed 2016-12-28(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed, but Moran filed his application 137 days after entry of the order denying his extraordinary motion for new trial. See OCGA § 5-6-35 (d). While Moran argues that we should consider his application for several reasons, the requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.

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

Mays v. State · filed 2017-02-22(d)

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

Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order sought to be appealed, and the statute's requirements are jurisdictional.

Ruffin v. State · filed 2017-03-23(d)

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

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

Martin v. Fishburne · filed 2017-04-27(d)

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

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

Burnett v. Davison · filed 2017-04-27(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). Here, Burnett filed his application 97 days after entry of the trial court order. The requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application for appeal not made in compliance therewith.

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

Devlin v. Devlin · filed 2018-02-22(d)

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

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

Porter v. State · filed 2018-06-26(d)

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

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

James Dandy Uyanna v. State · filed 2018-10-17(d)

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

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

Miriam Senior v. Harris · filed 2019-01-08(d)

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

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

Alexander v. State · filed 2019-01-15(d)

First, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Alexander’s application, filed 53 days after the trial court’s October 29 order and 52 days after the trial court’s October 30 order, is untimely.

Subsection (d) requires a discretionary-review application to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.

Cobble v. Lockhart · filed 2019-02-11(d)

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

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

Simms v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2017-11-14(d)

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

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

Green v. City of East Point · filed 2019-07-16(d)

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

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

Restored Church Association of Georgia, LLC v. New Faith Christian Church, Inc. · filed 2019-10-04(d)

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

Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

Rutledge v. State · filed 2021-03-16(d)

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

Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

Edwards v. State · filed 2021-03-24(d)

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

Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

Harris v. Fain · filed 2021-04-20(d)

An application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.

Section 5-6-35(d) imposes a jurisdictional 30-day deadline for filing a discretionary application.

Mejia v. Parada · filed 2021-04-20(d)

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

Section 5-6-35(d) requires a discretionary application within 30 days after entry of the order or judgment, and the requirement is jurisdictional.

Hartman v. Floyd County Sheriff · filed 2021-06-02(d)

To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed.

Section 5-6-35(d) imposes a jurisdictional 30-day deadline for a discretionary appeal application.

Rexhepi v. State · filed 2021-06-02(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed.

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

Jenkins v. State · filed 2021-12-28(d)

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

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

Valeria Sanders A/K/A Valeria Cruz A/K/A Valeria Montrez Sanders v. Sunny Asset LLC · filed 2022-03-09(d)

As we explained in our order of December 6, in most cases, an application for discretionary review must be filed within 30 days of entry of the order sought to be appealed. ... These requirements are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

Subsection (d) requires an application for discretionary review to be filed within 30 days of entry of the judgment or trial court order sought to be appealed, and compliance with the requirements of § 5-6-35 is jurisdictional.

Pittman v. State · filed 2024-12-23(d)

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

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

Antwon Earls v. State · filed 2025-02-07(d)

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

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

Saadiq a Yarbrough v. Ware · filed 2025-03-04(d)

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

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

Russaw v. State · filed 2025-09-11(d)

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

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

West IV v. Parklane on Peachtree Condominium Association, Inc · filed 2026-05-26(d)

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

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the judgment or trial court order sought to be appealed.

Whigham v. State of Georgia · filed 2021-08-26(d)

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

Section 5-6-35(j) gives the appellate court jurisdiction and requires it to grant a timely discretionary-appeal application when the case is directly appealable, not discretionary-appealable, and no timely notice of appeal was filed.

Redford v. State · filed 2014-12-12(j)

Under OCGA § 5-6-35 (j), when a timely application for discretionary appeal is filed in a case that is subject to direct appeal under OCGA § 5-6-34 (a), but not subject to discretionary appeal under OCGA § 5-6-35 (a), and the applicant has not filed a timely notice of appeal, the appellate court has jurisdiction to decide the case and must grant the application.

Section 5-6-35(a)(5.2) requires an appeal from an order denying a petition for release from the State Sexual Offender Registry to be initiated by an application for discretionary review.

In Re: Brian Gamble · filed 2016-02-18(a)(5.2)

Appeals from orders of superior courts denying petitions for release under § 42-1-19 must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5.2).

Section 5-6-35 governs discretionary appeals in specified cases, and subsection (j) permits a timely application to be granted when the lower court’s order is subject to direct appeal.

Johnson v. State · filed 2016-11-21(j)

It appears from the sparse application materials that the challenged order is final, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply here. 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 (d) requires a discretionary application to be filed within 30 days of the judgment, and compliance with § 5-6-35 is jurisdictional.

Marty v. Marty · filed 2017-08-22(d)

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

An appeal from the denial of a motion to set aside a final judgment under OCGA § 9-11-60 requires an application for discretionary appeal under § 5-6-35, and compliance with that procedure is jurisdictional.

Corley v. Jackson · filed 2020-09-18(a)(8), (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) requires an application for discretionary review, and subsection (d) requires it to be filed in this Court rather than treating a trial-court notice of appeal as that application.

Valeria sanders/aka/valeria Cruz AKA/ Valeria Montrez Sanders v. Sunny Asset LLC · filed 2022-01-06(a)(1), (d)

First, to the extent that Sanders requests that we construe her timely notice of appeal as an application for discretionary review, we are unable to do so. Although “there is no magic in nomenclature,” Doe v. State, 347 Ga. App. 246, 250 (1) (819 SE2d 58) (2018) (punctuation omitted), we cannot construe a notice of appeal, which must be filed in the trial court, as an application for discretionary appeal, which must be filed in this Court. See OCGA §§ 5-6-35 (d); 5-6-37.

Section 5-6-35's discretionary-appeal procedure does not excuse a party from complying with the separate requirements for an interlocutory appeal under § 5-6-34 (b).

Eiser International, LLC v. McCmit, LLC · filed 2022-11-28

Although Eiser 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 governs discretionary appeals, and subsection (j) directs the appellate court to grant a timely application when the lower court’s order is subject to direct appeal.

Modi v. Greater Atlanta Telugu Association · filed 2022-12-27(a), (j)

Because no issue remains pending below, the trial court’s November 2022 order is a final, directly appealable order, and no provision of OCGA § 5-6-35 (a) relating to discretionary appeals appears to apply to the order. 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 requires appeals from superior court decisions reviewing lower court decisions by petition for review and orders awarding attorney fees under OCGA § 9-15-14 to be initiated by an application for discretionary appeal.

Razavi v. Emily · filed 2025-09-15(a)(1), (a)(10), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). ... Similarly, an appeal from a trial court order awarding attorney fees under OCGA § 9-15-14 also must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023).

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

Dinh v. Jefferson Capital Systems, LLC · filed 2018-08-27(a)(11)

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

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

Bmw Financial Services Na, LLC v. Bailey · filed 2017-09-15(a)(11)

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

Section 5-6-35(a)(11) requires a discretionary appeal application to obtain Court of Appeals review of a state-court judgment disposing of a de novo appeal from a magistrate court decision.

Alexander v. Federal Home Loan Mortgage Corporation · filed 2015-05-29(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Alexander 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).

Section 5-6-35(a)(1) requires an appeal from a superior-court order reviewing a magistrate-court decision to proceed by application for discretionary appeal rather than by direct appeal.

Oliphant v. Five Star Chrysler · filed 2015-12-11(a)(1)

Appeals from orders of the superior court reviewing decisions of the magistrate court must be by application for discretionary appeal and not by direct appeal.

Section 5-6-35(a)(1) requires a discretionary-appeal application, rather than a direct appeal, from a superior-court order reviewing a magistrate-court decision.

Ferrari v. Always Affordable Service, LLC · filed 2015-12-11(a)(1)

Appeals from orders of the superior court reviewing decisions of the magistrate court must be by application for discretionary appeal and not by direct appeal. 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 an appeal from a superior court's review of a local administrative agency decision to be brought by application for discretionary appeal.

Muscogee County Board of Education v. Buckner · filed 2016-06-10(a)(1)

An appeal from a decision of the superior court reviewing a decision of a local administrative agency must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (1).

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

Ware v. Vendor Resource Management, Duly Authorized Agent for U.S. Secretary of Veterans Affairs · filed 2017-01-09(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).

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

Kappelmeier v. the Promenade at Berkeley, LLC · filed 2017-01-19(a)(11)

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

Section 5-6-35(a)(1) requires a party appealing a superior court order reviewing a magistrate court decision to seek a discretionary appeal rather than pursue a direct appeal, subject to the interlocutory procedure when the case remains pending.

Roberts v. Primestar Fund I Trs, Inc · filed 2017-04-27(a)(1)

Ordinarily, a party seeking to appeal a superior court order reviewing a magistrate court decision must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Subsection (a)(11) requires an appeal from a state-court decision reviewing a magistrate-court decision to be initiated by an application for discretionary review, and subsection (d) generally allows 30 days to file that application.

Ross v. Wells Fargo Bank, N.A. · filed 2017-08-22(a)(11), (d)

See Scruggs, 261 Ga. at 588-589 (1); see also OCGA § 5-6-35 (a) (11) (an appeal from a state court decision reviewing a magistrate court decision must be initiated by filing an application for discretionary review). ... Although an application for discretionary review generally may be filed within thirty days of entry of the order sought to be appealed, see OCGA § 5-6-35 (d), appeals from judgments in dispossessory actions must be filed within seven days of the date the judgment was entered.

Section 5-6-35(a)(1) requires an appellant to use the discretionary-appeal procedure to obtain review of a superior-court decision reviewing a lower-court decision by a de novo proceeding.

Nelson v. Federal National Mortgage Association · filed 2017-12-04(a)(1)

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

Subsection (a)(11) requires a party seeking review of a de novo ruling on appeal from a magistrate court decision to follow the discretionary appeal procedures.

YANCEY v. FEDERAL NATIONAL MORTGAGE ASSOCIATION A/K/A FANNIE MAE · filed 2017-12-19(a)(11)

Because the order at issue is a de novo ruling on appeal from a magistrate court decision, Yancey was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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

Norris v. McGuire · filed 2018-01-09(a)(11)

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

Section 5-6-35 (a) (1) requires a party appealing a superior court order reviewing a magistrate court decision to seek a discretionary appeal rather than file a direct appeal.

Barnett v. Hiram Police Department · filed 2018-04-05(a)(1)

First, a direct appeal is not authorized here. A party seeking to appeal a superior court order reviewing a magistrate court decision must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 (a)(11) requires an application for discretionary review of a state-court decision reviewing a magistrate-court decision by de novo proceedings when the subject matter is not otherwise directly appealable.

McBride v. Deakon Services, Inc. · filed 2019-02-11(a)(11)

Under OCGA § 5-6-35 (a) (11), an appellant must file an application for discretionary review in “[a]ppeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings so long as the subject matter is not otherwise subject to a right of direct appeal.”

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

Simpkins v. Beylol Inn · filed 2018-08-13(a)(11)

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

Section 5-6-35 requires appeals from superior court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Christopher M. Hunt, Sr. v. Deutsche Bank Trust Company · filed 2019-08-21(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.”

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

Razavi v. South Dekalb Towing and Transport, Inc. · filed 2020-02-06(a)(11), (b)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). Razavi’s failure to file an application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a) (1) does not apply when the superior court has not reviewed an adjudicative decision of the county.

Arthur E. Ferdinand, Fulton County Tax Commissioner v. Fulton County, Georgia · filed 2020-06-05(a)(1)

Notably, although the respondent in this case is Fulton County, the superior court did not review an adjudicative decision of the County, so the provisions of OCGA § 5-6-35 (a) (1) do not apply.

An appeal from a state-court decision reviewing a magistrate-court decision by de novo proceedings must be initiated by application for discretionary appeal under section 5-6-35(a)(11).

Westbury Homeowners' Association, Inc. v. Howard · filed 2021-03-25(a)(11)

Appeals from state court decisions reviewing magistrate court decisions by de novo proceedings must be initiated by filing an application for discretionary appeal.

Section 5-6-35(a)(1) requires a discretionary appeal application when a superior court reviews a state agency’s decision, including the agency’s issuance of administrative subpoenas.

NEW GEORGIA PROJECT, INC. v. GEORGIA GOVERNMENT TRANSPARENCY AND CAMPAIGN FINANCE COMMISSION · filed 2021-09-15(a)(1)

OCGA § 5-6-35 (a) (1) requires a discretionary application where the superior court has reviewed a state agency’s decision—here, the issuance of administrative subpoenas.

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

Watkins v. Debt Free Real Estate Holdings, LLC · filed 2022-01-10(a)(11)

An appeal from an order of the state or superior court reviewing de novo a decision of the magistrate court must be initiated by filing an application for discretionary review.

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

Bridges v. Riley · filed 2022-06-08(a)(11), (b)

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

Section 5-6-35 (a)(11) requires an application for discretionary review of an appeal from a state court decision reviewing a magistrate court decision, even when the state court dismissed the appeal.

ALLISON v. CALCON MUTUAL MORTGAGE, LLC · filed 2024-04-26(a)(11)

This argument is not compelling because appeals from decisions of state courts reviewing decisions of magistrate courts are subject to the discretionary appeal process, see OCGA § 5-6-35 (a) (11), even if the state court dismissed the appeal from magistrate court.

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

Roberts v. Green · filed 2024-07-22(a)(11)

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

Section 5-6-35 (a) (11) requires an appeal from a state-court de novo review of a magistrate-court decision to be initiated by an application for discretionary review, and compliance is jurisdictional.

Barnes v. Catamount Properties 2018, LLC · filed 2024-11-25(a)(11)

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

Section 5-6-35 (a) (11) places appeals involving a state court’s de novo review of a magistrate court decision within the discretionary application procedure.

H & I Real Estate, Inc. v. Samuel · filed 2025-03-12(a)(11)

Because the underlying subject matter here is the state court’s de novo review of the magistrate court’s decision, this case is subject to the discretionary application procedure under OCGA § 5-6-35 (a) (11).

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

Berman v. City of Atlanta · filed 2025-04-23(a)(1)

First, appeals from decisions of the superior courts reviewing decisions of state or local administrative agencies must come by discretionary application. See OCGA § 5-6-35 (a) (1).

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

THOMPSON v. MANN · filed 2025-07-18(a)(11)

Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings must be initiated by filing an application for discretionary review. ... Compliance with the discretionary appeals procedure is jurisdictional.

Subsection (a)(11) requires an application for discretionary review to initiate an appeal from a state-court de novo review of a magistrate-court decision.

HOWELL v. KIMBERLY ASSOCIATES II, LP · filed 2026-03-03(a)(11)

Appeals from decisions of the state courts reviewing decisions of the magistrate courts by de novo proceedings must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(11).

Section 5-6-35(a)(1) requires a party appealing a superior court’s de novo review of a magistrate court ruling to follow discretionary appeal procedures.

Karr v. Mnsf II W1, LLC · filed 2026-05-12(a)(1)

Because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, Karr 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 (a)(1) requires a party appealing a superior court order reviewing a magistrate court decision to file an application for discretionary appeal.

Chestnut v. Jeffrey · filed 2019-09-23(a)(1)

First, a party seeking to appeal a superior court order reviewing a magistrate court decision must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Walton v. State · filed 2015-06-22(a), (g), (j)

It does not appear, however, that any provision of OCGA § 5-6-35 (a) applies here. See, e. g., Bray v. State, 152 Ga. App. 404 (263 SE2d 184) (1979). 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. Walton shall have ten days from the date of this order to file a notice of appeal with the state court. See OCGA § 5-6-35 (g).

Section 5-6-35(a)(10) requires discretionary application for appeals from orders granting attorney fees under OCGA § 9-15-14.

The Gibson Law Firm, LLC v. Miller Built Homes, Inc. · filed 2015-06-22(a)(10)

But appeals from orders granting attorney fees under OCGA § 9-15-14 must be made by discretionary application. See OCGA § 5-6-35 (a) (10). The firm’s failure to comply with the discretionary review procedure deprives us of jurisdiction over this appeal.

Section 5-6-35 requires a party seeking discretionary review of an appealable order, including an OCGA § 9-15-14 attorney-fee award, to use the discretionary-appeal procedure, but that procedure does not replace additional interlocutory-appeal requirements when no final judgment exists.

HARPER III v. HARPER · filed 2016-06-10(a)(10)

Generally, a party must follow the discretionary appeal procedures to appeal the award of OCGA § 9-15-14 attorney’s fees. See OCGA § 5-6-35 (a) (10). ... Although Harper filed an application for discretionary appeal, as described in OCGA § 5-6-35, compliance with that procedure does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Subsection (a)(10) requires discretionary application review for appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Sanon v. Riley · filed 2019-07-22(a)(10)

Appeals from orders granting or denying 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).

Subsection (a)(10) requires discretionary application review for appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Steed v. Mastec North America, Inc. · filed 2019-12-24(a)(10)

Appeals from orders granting or denying 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)(10) requires a discretionary application, rather than a direct appeal, for orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Durden v. Jeffers · filed 2020-04-03(a)(10)

Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal.

Section 5-6-35(a)(10) generally requires discretionary review of attorney-fee awards, but a post-judgment fee award may be directly appealable when a related appeal is pending; subsection (j) permits review when direct appeal is available.

Jones v. Cardinale · filed 2021-07-26(a)(10), (j)

Generally, OCGA § 5-6-35 (a) (10) requires that an appeal of an award of attorney fees under OCGA § 9-15-14 come via the discretionary appeal procedures.

Section 5-6-35(a)(10) generally requires discretionary review for an appeal from an attorney-fee award under § 9-15-14, but a pending appeal from the underlying judgment permits a direct appeal.

McMaster v. McCracken · filed 2024-02-13(a)(10), (j)

Generally, OCGA § 5-6-35 (a) (10) requires that an appeal of an award of attorney fees under OCGA § 9-15-14 come via the discretionary appeal procedures. However, “a post-judgment award of attorney fees may be appealed directly without regard to the discretionary appeal procedures where there is a pending appeal taken from the underlying judgment.” Reynolds v. Clark, 322 Ga. App. 788, 789 (746 SE2d 266) (2013).

Section 5-6-35 does not require a discretionary application to appeal an order granting or denying attorney fees under section 13-6-11.

Okpara v. Williams · filed 2024-03-13

OCGA § 5-6-35 does not require a discretionary application to appeal orders granting or denying attorney fees under OCGA § 13-6-11.

Section 5-6-35 (a) (10) requires a discretionary application to appeal orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14.

Evans v. Van Welie · filed 2024-04-09(a)(10)

However, appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application. See OCGA § 5-6-35 (a) (10).

Section 5-6-35 (a) (10) and (b) require an application for discretionary review to initiate an appeal from an order granting or denying OCGA § 9-15-14 attorney fees, and compliance with that procedure is jurisdictional.

TRAN v. NGUYEN · filed 2024-08-29(a)(10), (b)

An appeal from a trial court order granting or denying a request for OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (10), (b); Capricorn Systems v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988). “Compliance with the discretionary appeals procedure is jurisdictional.”

OCGA § 5-6-35(a)(10) and (b) require an application for discretionary review to initiate an appeal from an order awarding attorney fees under OCGA § 9-15-14.

Szilagyi v. Maria Adriana Martinez Vargas · filed 2026-06-03(a)(10), (b)

An appeal from a trial court order awarding attorney fees under OCGA § 9-15-14 must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(10), (b); Low v. Swift, 367 Ga. App. 874, 876 (889 SE2d 122) (2023).

Section 5-6-35(a)(5.1) requires an application for discretionary appeal from a superior court decision reviewing a decision of the Sexual Offender Registration Review Board.

Jackson v. Sex Offender Registry Review Board · filed 2015-06-22(a)(5.1)

First, under OCGA § 5-6-35 (a) (5.1), “[a]ppeals from decisions of superior courts reviewing decisions of the Sexual Offender Registration Review Board” must be taken by application for discretionary appeal.

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

Pitts v. State · filed 2015-10-06(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), however, an application for discretionary appeal is required in “[a]ppeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19.” Pitts’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Thomas v. State · filed 2016-03-11(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), however, “[a]ppeals from decisions of superior courts granting or denying petitions for release pursuant to Code Section 42-1-19” must be taken by application for discretionary appeal. Thomas’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Tillery v. State · filed 2021-11-19(a)(5.2)

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

Subsection (a)(5.2) requires an application for discretionary appeal to challenge a superior court order granting or denying a petition for release under OCGA § 42-1-19.

Vickers v. State · filed 2023-05-02(a)(5.2)

Under OCGA § 5-6-35 (a) (5.2), an application for discretionary appeal is required to appeal a superior court’s order granting or denying a petition for release pursuant to OCGA § 42-1-19.

Section 5-6-35(a)(2) requires a discretionary application for domestic relations cases, but guardianship proceedings are not domestic relations cases for that purpose.

In the Interest Of: S. P., a Child · filed 2015-08-10(a)(2)

However, this appeal does not fall within those classes of cases listed in OCGA § 5-6-35 (a) requiring a discretionary application. In this regard, guardianship proceedings are not domestic relations cases subject to OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) does not require a discretionary application for an appeal from a guardianship proceeding because guardianship proceedings are not domestic relations cases.

In the Interest Of: M. F., Child (Mother) · filed 2016-09-09(a)(2)

However, this appeal does not fall within those classes of cases listed in OCGA § 5-6-35 (a) requiring a discretionary application. ... In this regard, guardianship proceedings are not domestic relations cases subject to OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(2) treats actions arising under the Family Violence Act as domestic relations cases requiring an application for discretionary appeal.

Bennett v. Liberty · filed 2016-02-25(a)(2)

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

Orders in domestic-relations cases, including actions under the Family Violence Act, must be appealed by discretionary application.

Ortiz-Vazquez v. Avelino · filed 2021-06-30(a)(2)

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

Orders in domestic-relations cases, including Family Violence Act actions, must be appealed by discretionary application.

Henderson v. Henderson · filed 2021-07-23(a)(2)

appeals of orders in domestic relations cases—including actions arising under the Family Violence Act, OCGA § 19-13-1 et seq.—must be initiated by filing an application for discretionary appeal.

Section 5-6-35 (a) (2) requires discretionary-appeal applications to obtain review of protective orders entered under the Family Violence Act because those cases are domestic-relations cases.

Nolan v. Sanders · filed 2021-11-19(a)(2)

A party must file an application for discretionary appeal to obtain review of a protective order that was entered in an action brought under the Family Violence Act, because such cases are domestic relations cases within the meaning of OCGA § 5-6- 35 (a) (2).

Section 5-6-35 (a) (2) requires an application for discretionary appeal to review a protective order entered under the Family Violence Act.

Durogene v. Jum Raoof, Jr. · filed 2022-12-30(a)(2)

However, a party must file an application for discretionary appeal to obtain review of a protective order that was entered in an action brought under the Family Violence Act, because such cases are domestic relations cases within the meaning of OCGA § 5-6-35 (a) (2).

Section 5-6-35(j) gives the appellate court jurisdiction and requires it to grant a timely discretionary-appeal application when the case is directly appealable, not discretionary-appeal eligible, and no timely notice of appeal was filed; subsection (g) allows ten days to file the notice of appeal after the order.

Diarra v. State · filed 2016-06-10(j), (g)

Under OCGA § 5-6-35 (j), when a timely application for discretionary appeal is filed in a case that is subject to direct appeal under OCGA § 5-6-34 (a), but not subject to discretionary appeal under OCGA § 5-6-35 (a), and the applicant has not filed a timely notice of appeal, the appellate court has jurisdiction to decide the case and must grant the application. Accordingly, this application is GRANTED. ... Diarra shall have ten days from the date of this order to file a notice of appeal with the superior court. OCGA § 5-6-35 (g).

Section 5-6-35 governs discretionary appeals, including when review is granted, the 30-day application deadline, and the 10-day period for filing a notice of appeal after the grant.

Stoker Development, LLC v. Parkland Homebuilders, LLC · filed 2024-11-05(b), (d), (g), and (j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if a lower court order at issue is subject to direct appeal. See City of Rincon v. Couch, 272 Ga. App. 411, 412 (612 SE2d 596) (2005). Accordingly, this timely application is hereby GRANTED. See OCGA § 5-6-35 (d) (an application for discretionary review must be filed within 30 days of entry of the order or judgment sought to be appealed). The defendants 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).

Section 5-6-35 permits a timely discretionary application when the lower court’s order is directly appealable and gives the applicant ten days from the order to file a notice of appeal.

Callahan v. State · filed 2025-07-15(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). Accordingly, this application is hereby GRANTED. Callahan shall have ten days from the date of this order to file a notice of appeal with the superior court. See OCGA § 5-6-35 (g).

An appeal from the grant of a temporary restraining order must be taken by application for discretionary appeal.

RREF II DB DRI, LLC v. COMMERCE PLAZA OFFICE PARTNERS, LLC · filed 2016-08-25(a)(9)

An appeal from the grant of a TRO, however, must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (9). RREF II DB DRI, LLC’s failure to follow the proper appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(9) requires an application for discretionary appeal to obtain appellate review of an order denying a temporary restraining order.

Lozano v. the Bank of New York Mellon · filed 2018-01-30(a)(9)

Consequently, Lozano was required to file an application for discretionary appeal to obtain appellate review. See OCGA § 5-6-35 (a) (9).

Section 5-6-35(a)(9) requires an application for discretionary appeal to challenge an order granting or denying a temporary restraining order.

Msm Poly, LLC v. Textile Rubber and Chemical Company, Inc. · filed 2020-02-12(a)(9)

The trial court’s order was denominated as a “Temporary Restraining Order.” Unlike injunctions, TROs are not directly appealable. Compare OCGA § 5-6-34 (a) (4) (providing for direct appeals for orders granting or refusing interlocutory or final injunctions), with OCGA § 5-6-35 (a) (9) (requiring an application for discretionary appeal to challenge “orders granting or denying temporary restraining orders”). ... Although the injunction in this case is denominated as a TRO, there is no magic in nomenclature. A document is to be construed by its substance or function, rather than by its name. Thus, where a TRO is entered after a lengthy adversary hearing and effectively grants the plaintiff all of the relief [it] sought, it is directly appealable.

Section 5-6-35 requires a party seeking an appeal from a termination of parental rights to file a discretionary-appeal application.

In the Interest of M. S., a Child (Mother) · filed 2023-01-09(a)(12) and (b)

“OCGA § 5-6-35 provides that a party must file an application in order to seek an appeal regarding the termination of parental rights. OCGA § 5-6-35 (a) (12) and (b).” ... Thus, the mother’s failure to file a discretionary application deprives us of jurisdiction over her direct appeal, which is hereby DISMISSED.

Subsection (g) requires a notice of appeal to be filed within 10 days after an order granting a discretionary appeal.

In the Interest of N.L., Children · filed 2016-12-07(g)

The order directed them to file a notice of appeal within 10 days of the date of the order. See OCGA § 5-6-35 (g). Fifteen days later, on August 26, 2016, the mother and father filed their notice of appeal. ... Because the mother and father failed to file a notice of appeal within 10 days of our order granting the discretionary application, the notice of appeal is untimely.

Section 5-6-35(j) authorizes granting an application for discretionary appeal, and subsection (g) requires the applicant to file the notice of appeal within ten days after the grant.

Jones Sr. v. State · filed 2018-01-30(j), (g)

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

Section 5-6-35(g) requires a notice of appeal within 10 days after an order granting discretionary appeal; an untimely notice leaves the Court of Appeals without jurisdiction.

Farmer v. State · filed 2012-08-10(g)

Because Farmer failed to file his notice of appeal within 10 days of our order granting his discretionary application, his notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction.

After a discretionary appeal is granted, the appellant has ten days to file a notice of appeal; filing later leaves the appellate court without jurisdiction.

JASMINE RENEE ANDREWS v. REGIONS BANK · filed 2024-07-29(g)

Our order granting the application notified Andrews that she had ten days to file a notice of appeal. See OCGA § 5-6-35 (g). ... Because Andrews failed to file her notice of appeal within ten days of our order granting her application, the appeal is untimely.

Section 5-6-35(g) requires an applicant to file a notice of appeal within ten days after a discretionary appeal is granted; an untimely notice leaves the appellate court without jurisdiction.

Hawkins v. Galvin · filed 2024-10-11(g)

In our order, we informed Hawkins that he would have ten days in which to file a notice of appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). ... Because Hawkins filed his notice 54 days after this Court’s order granting his application, the appeal is untimely. We thus lack jurisdiction over the appeal, which is hereby DISMISSED.

Section 5-6-35(g) requires a notice of appeal within ten days after an order granting a discretionary application; a later notice is untimely.

Garcia v. State · filed 2026-03-06(g)

Because Garcia failed to file his notice of appeal within ten days of our order granting the application, the appeal is untimely.

The statute’s discretionary-appeal procedures do not apply to an order modifying probation terms when the defendant is not appealing a probation revocation; such an order is directly appealable, and a timely discretionary application is granted when the order is subject to direct appeal.

Hopkins v. State · filed 2017-01-19(a)(5), (b), (j)

Because Hopkins does not seek to appeal an order revoking probation, the discretionary appeal procedures do not apply, and the superior court’s order here is directly appealable. ... 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 (g) requires a notice of appeal to be filed within ten days after the appellate court grants a discretionary application.

Allen v. State · filed 2017-01-19(g)

On October 17, 2016, this Court granted Allen’s application and advised him that he had ten days in which to file a notice of appeal. See OCGA § 5-6-35 (g). Allen’s notice of appeal was not filed, however, until Friday, October 28, 2016 – eleven days after our order granting his discretionary application. Because the notice of appeal was thus untimely, it failed to invoke this Court’s jurisdiction.

Section 5-6-35(g) requires an applicant who receives discretionary review to file a notice of appeal within ten days after the order granting review to secure appellate review.

In the Interest of R. W., Children · filed 2018-06-04(g)

On February 12, 2018, this Court granted the applications and informed the parties they had ten days to file a notice of appeal in the trial court. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”); see also Riley v. State, 280 Ga. 267, 268 (626 SE2d 116) (2006). The children filed their notice of appeal on February 22, 2018. It has been docketed here as Case No. A18A1670. The parents, however, did not file their notice of appeal until February 23, which was eleven days after we issued our order granting their application for discretionary review. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because the parents’ notice of appeal was not timely filed, we lack jurisdiction to consider their appeal. Accordingly, this appeal is hereby DISMISSED.

Section 5-6-35(a)(11) permits the Court of Appeals to address magistrate court matters only after they have been reviewed by the state or superior court.

Windham v. State · filed 2018-06-04(a)(11)

Because we can only address magistrate court matters that have been reviewed by the state or superior court pursuant to OCGA § 5-6-35 (a) (11), we have no authority to consider the issues presented in this motion or to grant the requested relief.

Section 5-6-35(g) requires a notice of appeal to be filed within ten days after the order granting a discretionary appeal, and an untimely notice deprives the Court of Appeals of jurisdiction.

Dardy v. MacOn Housing Authority · filed 2019-01-09(g)

The order notified Dardy that she had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Dardy, however, did not file her notice of appeal until 13 days later on September 26, 2018. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. ... Because Dardy failed to file her notice of appeal within ten days of our order granting her discretionary application, her notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction. See id. at 557; OCGA § 5-6-35 (g).

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

Acree v. State · filed 2018-09-18(d)

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

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

Ghee v. State of Georgia · filed 2018-11-01(d)

An application must be filed within 30 days of the entry of the order or judgment to be appealed.

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

Modi v. Aarti Pandya AKA Arati Pandya · filed 2018-09-26(d)

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

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

Parker v. Jones · filed 2018-11-01(d)

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

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

In the Interest of T. R., a Child (Mother) · filed 2019-01-08(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-34 (d). Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

An attorney-fee award ordinarily requires a discretionary application under § 5-6-35(a)(10), but no separate application is required when the award is appealed with a directly appealable ruling.

Johnson v. Prof-2013-S3 Legal Title Trust · filed 2018-11-23(a)(10)

Additionally, although an order awarding OCGA § 9-15-14 fees ordinarily requires a discretionary application, see OCGA § 5-6-35 (a) (10), here the attorney fees award is being appealed along with a directly appealable ruling. Thus, no application is required.

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

Mitchell v. State · filed 2018-12-05(d)

A stamped “filed” copy is required in order for this Court to ascertain that the application was filed within 30 days of the order being challenged, which is a jurisdictional prerequisite. See OCGA § 5-6-35 (d) (application must be filed within 30 days of the entry of the order appealed); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (OCGA § 5-6-35 requirements are jurisdictional).

Section 5-6-35 permits a discretionary-appeal application only when an enumerated category applies, and an otherwise timely application for an order subject to direct appeal must be filed within 30 days of the order.

Mays v. State · filed 2018-12-10(d), (j)

As an initial matter, it is not clear why Mays has filed an application, as no section of OCGA § 5-6-35, the discretionary-appeal statute, applies. Rather, orders resolving out-of-time motions to withdraw guilty pleas have been treated by our Supreme Court as directly appealable. Smith v. State, 283 Ga. 376, 376-377 (659 SE2d 380) (2008). Ordinarily, 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). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d), (j).

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

Harper v. State · filed 2019-02-19(d)

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

Section 5-6-35(a)(5) and (b) require an application for discretionary review to appeal a probation-revocation proceeding, and compliance with that procedure is jurisdictional.

Dewberry v. State · filed 2018-12-31(a)(5), (b)

The underlying subject matter here is the revocation of Dewberry’s probation. An appeal in such a proceeding must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); White, 233 Ga. App. at 874. “Compliance with the discretionary appeals procedure is jurisdictional.”

An appeal from revocation of conditional-discharge probation and adjudication of guilt under OCGA § 16-13-2 must be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Whipkey v. State · filed 2019-01-08(a)(5)

An appeal from the revocation of conditional-discharge probation and adjudication of guilt under OCGA § 16-13-2 must be initiated by an application for discretionary review under OCGA § 5-6-35 (a) (5).

For an appeal concerning probation revocation, § 5-6-35(a)(5) requires an application for discretionary appeal.

Leroy Banks v. State · filed 2019-01-10(a)(5)

Because the underlying subject matter of this appeal concerns the revocation of his probation, Banks was required to file an application for discretionary appeal in order to obtain review of the order he seeks to challenge in this Court.

Section 5-6-35 requires an appeal from an order awarding or denying attorney fees under OCGA § 9-15-14 to be initiated by an application for discretionary review.

Whitestone Investments, Inc. v. Mann · filed 2019-01-31(a)(10), (b)

Even assuming that the trial court’s order denying Whitestone and Blankenship’s motion for attorney fees constituted a final order, this direct appeal would be subject to dismissal because an appeal from a trial court order awarding or denying OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 requires an appeal from an order denying an extraordinary motion for a new trial to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Harvey v. State · filed 2019-02-11(a)(7), (b)

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.”

Section 5-6-35(g) requires a notice of appeal within ten days after a discretionary appeal is granted.

Jimell Raheen Brown v. State of Georgia Ex Rel. Craig Fraser, District Attorney, Dublin Judicial Circuit · filed 2021-04-20(g)

As required by the Appellate Practice Act, our December 1, 2020 order granting Brown’s application directed him to file his notice of appeal within ten days. See OCGA § 5-6-35 (g).

Section 5-6-35(g) requires an appellant to file a notice of appeal within ten days after a discretionary appeal is granted.

EDWARD BARBER v. WHITTINGTON · filed 2022-02-07(g)

OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal.

Section 5-6-35(g) requires an appellant to file a notice of appeal within ten days after a discretionary appeal is granted.

LITTLEJOHN v. SOBER LIVING AMERICA · filed 2022-03-25(g)

Under OCGA § 5-6-35 (g), an appellant must file a notice of appeal within ten days after a discretionary appeal is granted.

Section 5-6-35 (g) requires a notice of appeal to be filed within ten days after the Court of Appeals grants a discretionary application.

Sullivan v. State · filed 2022-05-23(g)

Our order directed that Sullivan had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g).

Section 5-6-35(a) identifies cases requiring discretionary applications, subsection (j) provides for granting a timely application when the lower court order is directly appealable, and subsection (g) sets the time for filing a notice of appeal after discretionary review is granted.

Donahue v. Amica Insurance Company · filed 2024-02-07(a), (j), and (g)

No discretionary application is required, however, as the grant of summary judgment on any issue or as to any party may be appealed directly under OCGA § 9-11-56 (h), and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35 (a). 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(a) identifies when discretionary review is required, while subsection (j) requires the Court to grant a timely discretionary-review application when the lower court's order is subject to direct appeal.

Memon v. Mountain Express Oil Company · filed 2024-04-10(a), (j)

No discretionary application is required, however, as the grant of summary judgment on any issue or as to any party may be appealed directly under OCGA § 9-11-56 (h), and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35 (a). ... 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 requires a discretionary-appeal application for a de novo appeal from a magistrate-court decision and for an appeal from a damages judgment of less than $10,000.

Watkins v. Villarreal · filed 2012-10-09(a)(6), (a)(11), (b)

Because the state court’s order disposed of a de novo appeal from a magistrate court decision, Watkins was required to follow the discretionary appeal procedure set forth in OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995). In addition, an application for discretionary appeal is also required for appeals from a judgment of less than $10,000 in an action for damages. See OCGA § 5-6-35 (a) (6); Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Watkins has failed to follow the discretionary appeal procedure. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

Shanis v. Pendergrass Flea Market, Inc. · filed 2023-05-15(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.”

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

Wymer v. State · filed 2020-01-28

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's discretionary-appeal procedure does not excuse a party appealing an interlocutory order from complying with the additional requirements of § 5-6-34 (b).

Brown v. Hamil · filed 2020-10-01

Moreover, 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 requires discretionary applications for appeals from orders denying motions to set aside and from superior-court review of lower-court decisions by certiorari or de novo proceedings.

Garth Cooper v. Bank of America, N.A. · filed 2021-06-30(a)(1), (a)(8), (a)(11), (b)

First, an appeal from a trial court order denying an OCGA § 9-11-60 (d) motion to set aside must be initiated by filing an application for discretionary review.