Ga. Code Ann. § 5-6-35

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).

Burga v. Peachtree Dialysis Center, LLC · filed 2023-08-18

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

Section 5-6-35(a) requires a discretionary application only when the appeal falls within one of the categories listed in that subsection.

Mays v. Allen & Nolan Boyd LLC · filed 2025-06-24(a)

Moreover, we note that 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).

Filing an application for discretionary appeal under § 5-6-35 does not excuse a party seeking review of an interlocutory order from complying with § 5-6-34(b)'s additional requirements.

Wirth Forestry, LLC v. Heard County, Georgia · filed 2026-03-11

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

Prendergast v. Johnson · filed 2026-05-07

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

In the Interest of Z. M. H., Children (Mother) · filed 2025-07-10(d)

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

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

In the Interest of A. S. T., a Child (Mother) · filed 2025-08-12(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after an order finally disposes of a motion for new trial.

In the Interest of I. T. C., a Child (Mother) · filed 2024-06-17(d)

Pursuant to OCGA § 5-6-35 (d), an application for discretionary review should be filed within 30 days of entry of the order complained of, but “[w]hen a motion for new trial . . . has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.”

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

Jones v. State · filed 2024-07-01(d)

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

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

Hunter v. State · filed 2017-07-04(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). 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 requires a discretionary-appeal application to be filed within 30 days of the order being appealed, and its filing requirements are jurisdictional.

Kumar v. Rochon · filed 2017-07-04(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. OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). Because Kumar did not file his application until 33 days after the trial court’s order, it is untimely. ... Kumar states in his application that he timely filed this application, but it was returned because he filed two copies of the index rather than the application. He urges this Court to allow his late filing to relate back to the original filing date. However, the law is clear: 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) makes the 30-day filing deadline for an application for discretionary appeal jurisdictional.

Carswell v. State · filed 2019-03-21(d)

Without the stamped “filed” copy of the order, this Court cannot ascertain if the application was filed within 30 days, which is a jurisdictional requirement. See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). ... Accordingly, Carswell’s application for discretionary appeal is hereby DISMISSED.

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

Wynn v. Mark Butler, Commissioner · filed 2020-01-28(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Weatherspoon v. State · filed 2020-04-13(d), (j)

The denial of Weatherspoon’s motion to withdraw his guilty pleas was directly appealable. See, e.g., Smith v. State, 283 Ga. 376, 376 (659 SE2d 380) (2008). This Court ordinarily will grant an application for discretionary review of a directly appealable order under OCGA § 5-6-35 (j). See id. To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d), (j). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

In the Interest of B. L., Children (Father) · filed 2020-06-05(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. ... Here, the trial court purported to grant the father an out-of-time appeal, which we construe as a grant of an out-of-time application, see B. R. F., 299 Ga. at 298-299, but the father was required to file his application within 30 days of the trial court’s order granting his out-of-time application.

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

In Re: Estate of Mable Johnson Reese · filed 2024-07-02(d)

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

An application for discretionary review must be filed within 30 days of the judgment or trial court order, and the requirements of the statute are jurisdictional.

Montesino v. State · filed 2024-07-31(d)

Further, even if a discretionary application were proper here, Montesino’s application was untimely filed 39 days after entry of the order he seeks to appeal. See OCGA § 5-6-35 (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). 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 its requirements as jurisdictional.

Melody A. Barron v. State · filed 2025-09-08(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 sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

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

Marvin Hillman, III v. State · filed 2026-04-06(d)

To be timely, a discretionary application must be filed with this Court 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Hillman filed his application in this Court 93 days after the trial court’s order and is thus untimely.

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

In the Interest of S. S., a Child (Mother) · filed 2021-05-12(d)

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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a discretionary-appeal application to obtain appellate review of the denial of a request for free records made for a post-conviction collateral attack when no habeas petition is pending.

Sowell v. State · filed 2017-11-14

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

Section 5-6-35(a)(2) does not cover dependency or deprivation cases, which are directly appealable rather than subject to discretionary appeal.

In the Interest of A. B., a Child (Mother) · filed 2019-02-26(a)(2)

Although a domestic relations order or an order terminating parental rights is subject to the discretionary appeal procedures, a dependency or deprivation finding may be appealed directly. See OCGA § 5-6-35 (a) (2) & (12); In the Interest of J. P., 267 Ga. 492, 493 (480 SE2d 8) (1997) (deprivation/dependency cases do not fall within the purview of OCGA § 5-6-35 (a) (2) and therefore are directly appealable).

Section 5-6-35(a)(2) does not require a discretionary application for an appeal from a final order in a juvenile dependency case because such a case is not a domestic-relations case; when a direct appeal lies, the court will grant a timely discretionary application under subsection (j), and the applicant has ten days to file a notice of appeal under subsection (g).

In the Interest of R. C., a Child (Mother) · filed 2025-09-15(a)(2), (g), (j)

No discretionary application is required, however, as dependency cases are not domestic relations cases subject to the OCGA § 5-6-35 (a) (2) discretionary review procedure, and a right of direct appeal lies from final orders in such cases. ... Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. ... Accordingly, this application is hereby GRANTED. Estiverne shall have ten days from the date of this order to file a notice of appeal in the juvenile court. See OCGA § 5-6-35 (g).

Section 5-6-35(a)(7) and (b) require an appeal from an order denying an extraordinary motion for a new trial to begin with an application for discretionary review.

Kendrick D. Heath v. State · filed 2019-07-16(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.

Section 5-6-35 requires an appeal from the denial of an extraordinary motion for new trial to follow the discretionary-appeal procedure, and its requirements are jurisdictional.

Worthen v. State · filed 2020-08-20(a)(7)

An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure set forth in OCGA § 5-6-35. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 331-332 (489 SE2d 129) (1997). “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires an appeal from an order denying or dismissing an extraordinary motion for a new trial to be initiated by an application for discretionary review.

Bivins v. Nationstar Mortgage, LLC. · filed 2020-09-10(a)(7), (b)

Additionally, an appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review.

Section 5-6-35 requires a discretionary appeal application for an appeal from the denial of an extraordinary motion for new trial, and that requirement is jurisdictional.

Upkins v. State · filed 2020-12-14(a)(7)

An appeal from the denial of an extraordinary motion for new trial requires compliance with the discretionary appeal procedure set forth in OCGA § 5-6- 35. ... “The requirements of OCGA § 5-6-35 are jurisdictional, and this court cannot accept an appeal not made in compliance therewith.”

An order denying an extraordinary motion for new trial must be appealed through an application for discretionary review, and compliance is jurisdictional.

Tifiloe Council v. State · filed 2021-03-24(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.

Section 5-6-35(a)(7) requires discretionary review for a separate appeal from denial of an extraordinary motion for new trial.

Weaver v. State · filed 2021-06-30(a)(7)

Under OCGA § 5-6-35 (a) (7), a litigant must comply with the discretionary appeal statute for appeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial.

Section 5-6-35(a)(7) requires a discretionary application to appeal from the denial of an extraordinary motion for new trial.

Joe Neil Glenn, Jr. v. State · filed 2022-05-11(a)(7)

As an initial matter, OCGA § 5-6-35 (a) (7) requires a discretionary application to appeal from the denial of an extraordinary motion for new trial.

Under § 5-6-35 (a)(7) and (b), an appeal from an order denying or dismissing an extraordinary motion for new trial must be initiated by an application for discretionary review.

Fussell v. State · filed 2022-06-28(a)(7), (b)

An appeal from an order denying or dismissing an extraordinary motion for new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Davis v. State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987).

Section 5-6-35(a)(7) and (b) require an application for discretionary review to appeal an order denying or dismissing an extraordinary motion for a new trial.

Paradise v. State · filed 2022-09-13(a)(7), (b)

An appeal from an order denying or dismissing an extraordinary motion for a new trial must be initiated by filing an application for discretionary review.

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

Turner v. State · filed 2023-01-19(a)(7), (b)

An appeal from an order denying an extraordinary motion for a new trial must be made by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Davis v. State, 182 Ga. App. 736, 736-737 (356 SE2d 762) (1987).

Section 5-6-35 requires an appeal from an order denying an extraordinary motion for a new trial to be made by filing an application for discretionary appeal.

Nichols v. State · filed 2023-02-21(a)(7) and (b)

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

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

Arnold v. State · filed 2023-05-09(a)(7)

An appeal from an order denying an extraordinary motion for new trial must be made by filing an application for discretionary review.

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

Hight v. State · filed 2023-07-06(a)(7)

An appeal from an order denying an extraordinary motion for new trial must be made by filing an application for discretionary review.

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

Clay v. State · filed 2024-01-18(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.”

An appeal from an order denying an extraordinary motion for new trial requires an application for discretionary review.

Barber v. State · filed 2024-08-06(a)(7), (b)

In addition, an appeal from an order denying an extraordinary motion for 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 requires an application for discretionary review to initiate an appeal from an order denying an extraordinary motion for new trial, and compliance with that procedure is jurisdictional.

Abernathy v. State · filed 2024-11-13(a)(7), (b)

An appeal from an order denying an extraordinary motion for 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(a)(7) requires an appeal from the denial of an extraordinary motion for new trial to proceed by discretionary-review application, which must be filed within 30 days under subsection (d).

Wright v. State · filed 2024-12-30(a)(7), (d)

Appeals from the denial of an extraordinary new trial must be brought by application for discretionary review. See OCGA § 5-6-35 (a) (7). Accordingly, we will construe Wright’s filing as an application for discretionary appeal, in which no certificate of immediate review is required, rather than an application for interlocutory appeal, in which a proper certificate of immediate review is necessary. ... To be timely, however, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). The instant application was filed 297 days after the entry of the order Wright seeks to appeal and is untimely. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012). Accordingly, Wright’s untimely application is hereby DISMISSED.

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

Bright v. State · filed 2025-08-13(a)(7)

As we explained in one of his previous appeal, see Case No. A24A0326 (Oct. 25, 2023), an appeal from an order denying an extraordinary motion for new trial must be made by filing an application for discretionary appeal in this Court.

An appeal from an order on an extraordinary motion for a new trial requires an application for discretionary review.

Brown v. State · filed 2026-03-12(a)(7), (b)

Finally, to the extent Brown’s pleading could be construed as an extraordinary motion for new trial, we lack jurisdiction. An appeal from a trial court order disposing of 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).

An appeal from the denial of an extraordinary motion for a new trial requires an application for discretionary review; a direct appeal does not give the appellate court jurisdiction.

Clarke v. State · filed 2025-06-03(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.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Clarke’s failure to follow the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 provides that a criminal conviction is directly appealable without a discretionary application and permits an otherwise timely application when the order is subject to direct appeal.

Caterro v. State · filed 2019-07-31(a), (j)

However, a criminal conviction is directly appealable and requires no application. See OCGA §§ 5-6-34 (a) (1) and 5-6-35 (a). We will grant an otherwise timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED.

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days of the entry of the order or judgment, including when the lower court's order is subject to direct appeal.

Germain v. State · filed 2019-10-25(d), (j)

However, to fall within this general rule the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d), (j).

A discretionary application to review a directly appealable order must be filed within 30 days after entry of the order or judgment.

Larry Anthony, II v. State · filed 2019-10-25(d), (j)

Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). However, to fall within this general rule the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d), (j). Here, Anthony filed this application 31 days after entry of the order modifying his sentence. The application is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.

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

Dyer v. State · filed 2020-10-01(d)

To be timely, an application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d).

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

Jones v. State · filed 2021-03-29(d)

To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d).

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

State v. David Edward Driver, Sr. · filed 2021-06-02(d)

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

Section 5-6-35(d) requires a discretionary application for review to be filed within 30 days after the order to be appealed is entered.

In the Interest of Z. Y., Children (Father) · filed 2021-11-19(d)

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

Section 5-6-35(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.

In Re Mitchell Ludy · filed 2021-11-19(d)

Nevertheless, even if we were to construe that document as an application for discretionary review, it was filed more than three months after entry of the order sought to be appealed and thus would be subject to dismissal as untimely. See OCGA § 5-6-35 (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); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (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 judgment or trial-court order sought to be appealed.

Stanford Usher v. State · filed 2022-01-07(d)

An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d).

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

Barnes v. Richmond County Constructors · filed 2022-01-10(d)

An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal.

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

Wilkerson v. Morgan · filed 2022-02-11(d)

Ordinarily, when a party has a right of direct appeal and files an application for discretionary review, we grant the application. See OCGA § 5-6-35 (j). For us to have jurisdiction to issue such an order, however, the application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d). And here, Wilkerson filed her application more than four years after entry of the order at issue. Given that the application is untimely, we are without jurisdiction to consider it, and it must be dismissed.

Section 5-6-35 (d) requires an application for discretionary review to be filed within 30 days of the order or judgment, and compliance with that deadline is required to confer jurisdiction in the Court of Appeals.

Ridley v. Columbian Life Insurance · filed 2022-03-16(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Compliance with this statutory deadline is an absolute requirement to confer jurisdiction in this Court, and the untimely filing of a discretionary application requires its dismissal.

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

Littlejohn v. Judicial Qualifications Commission · filed 2022-04-01(d)

To be timely, 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) and (j) require an application for discretionary review to be filed within 30 days of entry of the order to be appealed.

Strong v. State · filed 2022-04-07(d), (j)

To be granted an appeal under OCGA § 5-6-35 (j), 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 a discretionary application to be filed within 30 days after entry of the order to be appealed.

Vadovsky v. State · filed 2022-04-11(d)

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

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

Horton v. Preston Blake Pike · filed 2022-04-14(d)

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

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

Joe Neil Glenn, Jr. v. State · filed 2022-04-18(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) generally requires an application for discretionary appeal within 30 days after the order is entered, but the appeal's subject matter may dictate a different appellate procedure.

Williams v. Harris · filed 2022-04-19(d)

Generally, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. ... But the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure.

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

Harris v. State · filed 2022-04-27(d)

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

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

Bubrick v. Jasmin Abigail Martinez Bubrick · filed 2022-05-11(d)

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

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

Lanier Parkway Associates, LLC v. Hercules, Inc. · filed 2022-05-17(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 review to be filed within 30 days after entry of the order or judgment to be appealed.

Johnson v. State · filed 2022-05-23(d)

To be timely, 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 after entry of the order to be appealed, and the deadline is jurisdictional.

Nikki Dachelle Ijeoma Igbo v. Igbo · filed 2022-05-31(d)

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

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

Nikki Dachelle Ijeoma Igbo v. Igbo · filed 2022-07-07(d)

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

The 30-day deadline for filing a discretionary-review application is jurisdictional.

Allen v. State · filed 2022-08-24(d)

Without the stamped “filed” copy of the order, we cannot ascertain if the application was filed within 30 days, which is a jurisdictional requirement.1 See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Day v. Terry E. Barnard, Chairman of the State Board of Pardons and Paroles · filed 2022-09-07(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Compliance with this statutory deadline is an absolute requirement to confer jurisdiction in this Court, and thus, the untimely filing of a discretionary application requires its dismissal.

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

Neal Franklin Hesterlee, Sr. v. State · filed 2022-10-14(d)

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

Subsection (d) sets a 30-day deadline for filing an application for discretionary appeal, which limits a permissible extension of time to 30 days.

Ellis v. State · filed 2023-03-29(d)

Under OCGA § 5-6-35 (d), an application for discretionary appeal “shall be filed with the clerk of . . . the Court of Appeals within 30 days of the entry of the order . . . .” Because the time allowed for the filing of an application for discretionary appeal is only 30 days from the date of entry of the order, this Court may grant an extension of time for only 30 days.

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

Odion v. Varon · filed 2023-04-10(d)

To be timely, a discretionary application must be filed within 30 days of the entry of the order, decision or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional.

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

Davis v. City of New York · filed 2023-10-27(d)

However, the application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d). Here, Davis filed his application over four months after entry of the order he seeks to appeal. Given that the application is untimely, we are without jurisdiction to consider it.

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

Modi v. India-American Cultural Association (Iaca) · filed 2024-02-29(d)

First, to be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

In THE INTEREST OF A. J. R. C., CHILDREN (MOTHER) · filed 2024-04-18(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 order or judgment being appealed.

Bennett v. State · filed 2024-08-07(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 75 days after entry of the order Bennett seeks to appeal, it is untimely and is hereby DISMISSED.

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

Johnson v. State of Georgia · filed 2024-08-14(d)

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

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

Ivacove v. Ivakhov · filed 2025-10-14(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.

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

Harvey v. State · filed 2026-04-01(d)

A discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

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.

Charles Griffin, Jr. v. State · filed 2021-05-12(d)

To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d).

A discretionary appeal application must be filed within 30 days of the order to be appealed, and that deadline is jurisdictional.

Riggs v. Waller · filed 2016-09-14(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d). 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 within 30 days of the order or judgment; the filing requirement is jurisdictional.

Murphy-Hickman v. Bryant · filed 2016-11-21(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.

Section 5-6-35(a)(1) requires discretionary review for superior-court decisions reviewing state or local administrative agencies, but it does not cover the Georgia Lottery Corporation because Georgia law says the corporation is not a state agency.

Amusement Leasing, Inc. v. Georgia Lottery Corporation · filed 2019-10-25(a)(1)

Accordingly, based on the language of OCGA § 50-27-4 and the contextual backdrop in which it was enacted, a superior court order reviewing a decision of the GLC does not fall within the ambit of OCGA § 5-6-35 (a) (1), and an application for discretionary review therefore is not required.

Section 5-6-35(a)(1) requires discretionary review only for the specified superior-court reviews, and a superior-court order reviewing a Georgia Lottery Corporation decision is outside that subsection because the corporation is not a state agency; subsection (j) permits a timely application when direct appeal is available.

Ultra Group of Companies, Inc. v. Inam International · filed 2021-03-31(a)(1), (j)

Accordingly, “a superior court order reviewing a decision of the GLC does not fall within the ambit of OCGA § 5-6-35 (a) (1), and an application for discretionary review . . . is not required.”

A superior-court order reviewing a Georgia Lottery Corporation decision is outside section 5-6-35(a)(1) because the corporation is not a state agency, and subsection (j) permits the available direct appeal review.

Ultra Group of Companies, Inc. v. Georgia Lottery Corporation · filed 2021-08-26(a)(1), (j)

Accordingly, a superior court order reviewing a decision of the Georgia Lottery Corporation does not fall within the ambit of OCGA § 5-6-35 (a) (1), and an application for discretionary review is not required.

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.

Prentice v. Dekalb County School District · filed 2019-11-28(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).

Section 5-6-35(a)(2) requires a discretionary-appeal application for protective orders in Family Violence Act cases, while subsection (j) directs the court to grant a timely application when the order is directly appealable.

Anitra Freeman v. Misty Reeves · filed 2019-12-04(a)(2), (j)

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, OCGA § 19-13-1 et seq., because such cases are “domestic relations cases” within the meaning of OCGA § 5-6-35 (a) (2). See Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). ... We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

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

Islas v. State · filed 2021-10-12

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

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

Thomas v. State · filed 2022-09-12

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

Following the discretionary-appeal procedure under OCGA § 5-6-35 does not excuse a party appealing an interlocutory order from satisfying the additional requirements of OCGA § 5-6-34 (b).

MOMIN v. ANDERSON · filed 2024-02-02(a)(10)

Although Momin 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 does not eliminate the separate requirement to comply with § 5-6-34 (b) when seeking review of an interlocutory order.

Stefon Smith v. State · filed 2025-03-13

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

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

Cooper v. McCalla Raymer Liebert Pierce, LLC · filed 2025-04-14

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

Section 5-6-35 does not eliminate the requirement to use the interlocutory-appeal procedure when seeking review of a non-final order.

Sheriff Patrick Labat v. Talitrix, LLC · filed 2025-11-17(a)(10), (b)

Thus, “the discretionary application statute, OCGA § 5-6-35, does not allow a party to ignore the interlocutory-application subsection, OCGA § 5-6-34(b), when attempting to obtain appellate review”; rather, “a party seeking appellate review from an interlocutory order must follow the interlocutory-application subsection, OCGA § 5-6-34(b), seek a certificate of immediate review from the trial court, and comply with the time limitations therein.”

An application for discretionary appeal under § 5-6-35 does not excuse compliance with the interlocutory-appeal requirements of § 5-6-34(b).

Florence v. State · filed 2025-12-12

Although Florence 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 requires a discretionary-review application for appeals in the listed categories, including certain state-court orders and damages judgments of $10,000 or less.

Garrett v. Killian Auto Service, Inc. · filed 2020-01-28(a)(8), (a)(11), (a)(6), (b)

And to the extent that the defendant’s post-judgment motion in the state court was a proper § 9-11-60 (d) motion – rather than a motion for reconsideration – he was required to initiate this appeal by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). Regardless, an appeal from a state court order disposing of a de novo appeal from a magistrate court decision also 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, 82 (453 SE2d 119) (1995). And appeals in actions for damages in which the judgment is $10,000.00 or less likewise must be brought by discretionary application. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). “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 requires discretionary appellate review for appeals from state-court orders disposing of de novo magistrate-court appeals and for damages actions with judgments of $10,000.00 or less, and compliance with that procedure is jurisdictional.

Barnwell v. Tatum · filed 2020-03-13(a)(11), (b), (a)(6)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. ... And appeals in actions for damages in which the judgment is $10,000.00 or less likewise must be brought by discretionary application. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires a person seeking review of a superior court decision releasing them from sex-offender registry requirements to apply for permission to appeal in the Court of Appeals and follow the application requirements.

Ridley v. State · filed 2020-01-28(a)(5.2), (b)-(d)

To the extent Ridley is seeking review of superior court decisions denying his request to be released from the sex offender registry requirements, he is required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (5.2). This process requires that he file, in the Court of Appeals, an application for permission to appeal the superior court’s decision. See OCGA § 5-6-35 (b) - (d) (setting forth the requirements for an application for discretionary appeal). His failure to follow the discretionary appeal process deprives us of jurisdiction to consider his appeals.

Section 5-6-35(a)(2) requires appeals from domestic-relations orders, including orders holding a person in contempt of a divorce decree, to proceed by application for discretionary review.

Forrest v. Forrest · filed 2020-03-13(a)(2)

Appeals from orders entered in domestic relations cases, including orders holding persons in contempt of divorce decrees, must come by application for discretionary review. See OCGA § 5-6-35 (a) (2); see also Norman v. Ault, 287 Ga. 324, 330-331 (6) (695 SE2d 633) (2010); Russo v. Manning, 252 Ga. 155, 155-156 (312 SE2d 319) (1984).

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

Jackson v. State · filed 2023-01-06(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 (a) (8) requires an application for discretionary review to appeal an order denying a motion to set aside under OCGA § 9-11-60 (d).

Lorenzo C. Peterson, Sr. v. Wynbrooke Community Association, Inc. · filed 2023-02-13(a)(8)

An appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary review.

Subsection (a)(1) requires a discretionary application to appeal a superior court decision reviewing a state or local administrative agency decision by certiorari or de novo proceedings.

ROSWELL MOTORS, INC. v. CITY OF ROSWELL · filed 2023-06-07(a)(1)

OCGA § 5-6-35 (a) (1) provides that a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of . . . state and local administrative agencies . . . by certiorari or de novo proceedings.” An appeal from a superior court order reviewing a decision of the local zoning authority regarding zoning regulations applied to a particular piece of property is subject to the discretionary application procedures set out in OCGA § 5-6-35 (a) (1). Diversified Holdings, LLP v. City of Suwanee, 302 Ga. 597, 605 (II) (807 SE2d 876) (2017). Likewise, an appeal from a superior court order dismissing a certiorari petition requires a discretionary application. See Taylor v. City of Atlanta, 184 Ga. App. 795, 795 (363 SE2d 45) (1987). Where an appellant has failed to follow the discretionary review procedures required by OCGA § 5-6-35, the appeal must be dismissed. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984) (appeal from superior court’s dismissal of zoning appeal dismissed due to appellant’s failure to file discretionary application).

Section 5-6-35(a) requires a discretionary application only for appeals that fall within one of its listed categories; this action did not require one because it was directly appealable and outside those categories.

Terrell v. Fyr Sfr Borrower, LLC · filed 2024-10-04(a)

No discretionary application is required in this case. A final judgment is directly appealable under OCGA § 5-6-34 (a) (1), 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).

Section 5-6-35 requires an application for discretionary review to initiate an appeal from a superior court decision reviewing a lower court decision by petition for review.

Brockington v. Bridge Homes Svr Borrower, LLC · filed 2024-11-07(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 requires a discretionary appeal application for appeals from superior-court reviews of lower-court decisions and for damages actions with judgments of $10,000.00 or less, and compliance with that procedure is jurisdictional.

Nunnally v. Tara Graves · filed 2024-11-25(a)(1), (b), and (a)(6)

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); ... Likewise, appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application. OCGA § 5-6-35 (a) (6); ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a) does not authorize a discretionary application to review an order denying a default judgment motion in a case that has already been dismissed.

Austin v. Austin Commons Homeowner Association · filed 2025-08-20(a)

Furthermore, a default judgment is not an available remedy in a case that has been dismissed, and no provision of the discretionary application statute applies to an order denying such a motion. See OCGA § 5-6-35 (a).

Section 5-6-35(a)(1) and (b) require an appeal from a superior court decision reviewing a lower-court decision to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Clark v. Vann · filed 2025-11-05(a)(1), (b)

An appeal from a superior court decision reviewing a lower court decision must be initiated by filing an application for discretionary review. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(1) and (b) require an application for discretionary review to initiate an appeal from a superior court decision reviewing a lower-court decision by petition for review.

Nelson v. Evi Cws Quill, LLC · filed 2026-01-07(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(8) and (b) require an application for discretionary appeal from the denial of a motion to vacate or set aside a judgment under OCGA § 9-11-60(d), and compliance with that procedure is jurisdictional.

McCammon v. Bankers Healthcare Group, LLC · filed 2026-06-04(a)(8), (b)

And an appeal from the denial of a motion to vacate or 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, 116-17 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.” Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (citation and punctuation omitted). Thus, the “[f]ailure to file an application when one is necessary requires that the appeal be dismissed.” Evans v. Jackson, 368 Ga. App. 170, 173(1)(b) (889 SE2d 343) (2023) (citation and punctuation omitted).

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

REGINALD CHARLES HARVEY, SR. v. U.S. NATURE-INVEST HOLDING, LLC · filed 2026-06-11(a)(8), (b)

As to the denial of Harvey’s motion to set aside, 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, 116-17 (640 SE2d 688) (2006).

An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) requires an application for discretionary review, and compliance with that procedure is jurisdictional.

Figueroa-Boyer v. Midland Funding, LLC · filed 2026-06-16(a)(8), (b)

An appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017). 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)(8) and (b) require an application for discretionary review to appeal an order setting aside a judgment under § 9-11-60(d).

Joyner v. Memorial Health University Medical Center, Inc. · filed 2020-02-12(a)(8), (b)

But appeals from orders to set aside judgments under § 9-11-60 (d) must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

An order denying relief under OCGA § 9-11-60(d) requires discretionary review, while a directly appealable order may be granted review under subsection (j).

Chen v. Sander · filed 2021-08-06(a)(8), (j)

A discretionary application is required from an order denying a motion to set aside under OCGA § 9-11-60 (d).

Section 5-6-35 generally permits discretionary review of a directly appealable order under subsection (j) when the application is filed within 30 days under subsection (d), subject to a granted extension.

Mobuary v. State · filed 2020-05-22(d), (j)

Generally, if a party applies for discretionary review of a directly appealable order, this Court grants the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). Because Mobuary’s application, in fact, was timely filed following the Supreme Court’s order granting him an extension of time, and because it does not appear that Mobuary’s conviction has been the subject of a direct appeal, we hereby GRANT Mobuary’s application for discretionary appeal under OCGA § 5-6-35 (j).

Section 5-6-35 requires an application for discretionary review to appeal a superior court order denying a petition for release from sexual-offender registration requirements.

Jasper Vance v. State of Georgia · filed 2024-02-28(a)(5.2), (b)

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

Section 5-6-35 (a)(5.2) requires an application for discretionary appeal to challenge a superior court order granting or denying a petition for release from sex offender registration requirements.

Tate v. the State of Georgia · filed 2023-06-22(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.

Subsection (a)(5.2) requires a discretionary appeal application for superior-court decisions granting or denying petitions for release under Code Section 42-1-19.

Norris v. State · filed 2020-05-22(a)(5.2)

First, 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. “The failure to comply with the discretionary appeals procedure of OCGA § 5-6-35 is . . . a jurisdictional defect compelling dismissal where, as here, the discretionary application is required[.]”

Appeals from superior-court decisions granting or denying petitions for release under Code Section 42-1-19 must be taken by discretionary appeal under section 5-6-35(a)(5.2) and (b).

Whigham v. State of Georgia · filed 2021-04-30(a)(5.2), (b)

“Appeals 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. See OCGA § 5-6-35 (a) (5.2), (b).

An application for discretionary appeal is required from a superior-court order granting or denying a petition for release under Code Section 42-1-19.

State v. David Edward Driver, Sr. · filed 2021-06-02(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.

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

Hamilton v. State · filed 2023-01-17(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)(5.2) and (b) require appeals from superior court orders denying release from sex-offender registration to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Golden v. State of Georgia · filed 2025-12-24(a)(5.2), (b)

Appeals from orders of superior courts denying petitions for release under OCGA § 42-1-19 must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(5.2), (b). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires discretionary-appeal procedures for review of an order denying a motion to set aside a judgment under OCGA § 9-11-60, a de novo appeal from a magistrate court decision, and a damages action with a judgment of $10,000 or less.

Ceelux Group Inc. v. Engler · filed 2020-06-05(a)(6), (a)(8), (a)(11), and (b)

First, “the 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).” Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006); see OCGA § 5-6-35 (a) (8). ... Second, because the order at issue disposes of a de novo appeal from a magistrate court decision, Ceelux Group, Inc. was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (11); ... Lastly, under OCGA § 5-6-35 (a) (6), appeals in all actions for damages in which the judgment is $10,000 or less must comply with the discretionary appeal procedures.

Section 5-6-35 requires an appeal from a probation revocation order to proceed by discretionary application filed with the clerk of the Supreme Court or the Court of Appeals.

Strattman v. State · filed 2024-06-14(a)(5), (d)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). Thus, Strattman is not entitled to a direct appeal. Moreover, applications for discretionary appeal must be filed with the clerk of the Supreme Court or the Court of Appeals. OCGA § 5-6-35 (d). Here, Strattman filed his application in the superior court, rather than this Court. Accordingly, this Court lacks jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain review of an order revoking first-offender status.

Thomas v. State · filed 2020-06-17(a)(5)

Contrary to his assertion in his notice of appeal, Thomas was required to file an application for discretionary appeal to obtain review in this Court because the underlying subject matter of Thomas’s appeal is the revocation of his first offender probation. Dean v. State, 177 Ga. App. 123, (338 SE2d 711) (1985) (OCGA § 5-6-35 (a) (5) applies to revocation of first offender status).

Section 5-6-35(a)(5) requires a discretionary application to appeal a new sentence flowing from revocation of first-offender probation.

Gant v. State · filed 2021-12-16(a)(5)

Gant was thus required to file a discretionary application in order to appeal. See OCGA § 5-6-35 (a) (5); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997) (the discretionary appeal procedure of OCGA § 5-6-35 (a) (5) is applicable to the revocation of “first offender” probation).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns the revocation of first offender probation.

Howard v. State · filed 2023-05-24(a)(5)

Because the underlying subject matter of Howard’s appeals is the revocation of his first offender probation, he was required to file applications for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n.2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) and (b) require a discretionary-appeal application for appellate review of an order involving revocation of first-offender probation.

Thomas v. State · filed 2021-01-25(a)(5), (b)

According to the terms of Thomas’s “Motion to Correct Sentence,” the underlying subject matter of this appeal is the revocation of his first-offender probation. Consequently, Thomas was required to file an application for discretionary appeal to obtain appellate review of the denial of his motion.

Section 5-6-35(a)(2) and (b) require appeals from divorce, alimony, and other domestic-relations judgments or orders to be initiated by filing an application for discretionary review.

Jones v. Jones · filed 2020-12-14(a)(2), (b)

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

Section 5-6-35 requires appeals in domestic relations cases, including paternity and child-support cases, to be initiated by an application for discretionary review, and compliance is jurisdictional.

ZAY MICHAEL BEY F/K/A TAMICHAEL L. FORDHAM v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel.,T. F. (CHILDREN) · filed 2021-01-08(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of the statute.

An appeal in a domestic-relations case must be initiated by an application for discretionary review.

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

Thus, here the wife was required to file an application for discretionary review under OCGA § 5-6-35 (a) (2), and her failure to do so deprives us of jurisdiction over this appeal.

Section 5-6-35 requires appeals from judgments or orders in domestic relations cases, including child-support collection cases, to be initiated by an application for discretionary review.

Lucado v. Coherd · filed 2021-11-19(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35 requires an application for discretionary review to initiate an appeal from an order in a domestic-relations case, including a child-support-collection case.

Robert James Hensley, Jr. v. Georgia Department of Human Services, Ex. Rel. Gloria Brinkley · filed 2022-04-13(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of the statute.

Section 5-6-35(a)(2) and (b) require an application for discretionary review to initiate appeals from judgments or orders in divorce, alimony, and other domestic relations cases.

Addis v. McQueen · filed 2022-04-22(a)(2), (b)

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

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

Robbie A. Cook v. Stewart · filed 2022-05-18(a)(2)

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

Section 5-6-35 (a) (2) requires appeals of orders in domestic relations cases, including Family Violence Act actions, to be initiated by application for discretionary appeal.

Scott v. Precious Anderson · filed 2022-07-21(a)(2)

However, 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 appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be brought by application for discretionary appeal.

Williams v. Williams · filed 2022-12-22(a)(2)

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

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

Neal v. Weary · filed 2023-05-10(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” including orders “holding or declining to hold persons in contempt” must be made by application for discretionary appeal.

Section 5-6-35 requires appeals in divorce and other domestic-relations cases to be pursued by application for discretionary appeal.

Evans v. Jackson · filed 2023-06-13(a)(2), (b)

OCGA § 5-6-35 (b) provides that appeals in certain classes of cases “shall be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction. The application shall specify the order or judgment being appealed. . . .” Included among those classes are “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony or holding or declining to hold persons in contempt of such alimony judgment or orders[.]” OCGA § 5-6-35 (a) (2). Therefore, “OCGA § 5-6-35 (a) (2) provides, without exception, that appeals in [‘divorce’ and] ‘domestic relations cases’ must be brought by application for discretionary appeal.” (Emphasis supplied.)

Section 5-6-35 requires appeals from judgments or orders in domestic relations cases, including child-support cases, to be initiated by an application for discretionary review.

Patterson v. Williams · filed 2023-08-04(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because the underlying subject matter is a father’s obligation to provide child support, it is a domestic relations case within the meaning of the statute. See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 110) (2012) (an action in which the “underlying subject matter is the obligation to provide child support” is “a domestic relations case subject to review only by application”).

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

Mejia v. Limage · filed 2023-11-08(a)(2), (b)

Appeals of orders in domestic relations cases — including actions arising under the Family Violence Act — must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved in part on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Section 5-6-35 requires appeals in domestic-relations cases, including child-support collection cases, to be initiated by an application for discretionary review.

POWELL v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., AYIESHA BURTON · filed 2024-01-03(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of the discretionary appeal statute.

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

Reid v. Bennett · filed 2024-08-09(a)(2)

However, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2).

Subsections (a)(2) and (b) require an application for discretionary review to initiate an appeal from an order in a domestic-relations case, including a Family Violence Act case.

Kelly v. Hetzer · filed 2024-08-13(a)(2), (b)

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

Section 5-6-35 requires an application for discretionary review for appeals from judgments or orders in domestic relations cases, including child-support matters.

Jones v. Roberts · filed 2024-08-14(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be made by filing an application for discretionary review. See OCGA § 5-6-35 (a) (2), (b). Where the issue on appeal is child support, the case is a domestic relations case within the meaning of the statute.

Section 5-6-35 requires appeals from judgments or orders in divorce, alimony, and other domestic relations cases to be initiated by an application for discretionary review.

Yarbrough v. Ware · filed 2024-11-20(a)(2), (b)

Pretermitting whether the case is final, “[a]ppeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because Yarbrough sought to set aside a divorce decree, the case is a domestic relations case within the meaning of the statute.

Section 5-6-35(a)(2) requires an application for discretionary review when an appeal from a paternity or child-support order is a domestic-relations case.

Reddix v. Nguyen · filed 2024-11-22(a)(2)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2).

Section 5-6-35 (a) (2) requires a discretionary application for appeals from judgments or orders entered in domestic relations cases, including an order modifying a child support obligation.

HARDRICK v. THE GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., KARTER THOMPSON · filed 2025-03-21(a)(2)

See OCGA § 5-6-35 (a) (2) (appeals from judgments or orders entered in “domestic relations cases” must be brought by discretionary application). Accordingly, because Hardrick failed to comply with the discretionary appeal procedures of OCGA § 5-6-35, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(2) requires an application for discretionary review for appeals in domestic-relations cases, including paternity and child-support matters.

WALTERS v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex Rel., ROYAL WALTERS · filed 2025-04-08(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves paternity and the collection of child support, it is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2).

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

Tokes Adeleye v. Adeleye · filed 2025-04-10(a)(2)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); see Evans v. Jackson, 368 Ga. App. 170, 173 (1) (b) (889 SE2d 343) (2023).

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

Eguasa v. Osunde · filed 2025-04-17(a)(2)

We lack jurisdiction because appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (2); see Evans v. Jackson, 368 Ga. App. 170, 173 (1) (b) (889 SE2d 343) (2023). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an application for discretionary review for appeals from domestic-relations orders, including orders involving the collection of child support.

MCKETHAN v. GEORGIA DEPARTMENT OF HUMAN SERVICES, Ex. Rel., JAMYIS HARRIS · filed 2025-05-02(a)(2), (b)

“Appeals from judgments or orders in divorce, alimony, and other domestic relations cases” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (2), (b). Because this case involves the collection of child support, it is a domestic relations case within the meaning of OCGA § 5-6-35 (a) (2). See Booker v. Ga. Dept. of Human Resources, 317 Ga. App. 426, 427 (731 SE2d 110) (2012). Accordingly, McKethan was required to comply with the discretionary appeal procedure to obtain review of the superior court’s order.