Ga. Code Ann. § 5-6-35

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 proceed through the discretionary-appeal procedure.

Luke v. Brown · filed 2019-09-23(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Luke 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)(1) permits a discretionary appeal in the Court of Appeals only after the party is aggrieved by a superior court decision.

Thurman v. State · filed 2019-09-24(a)(1)

If the party is then aggrieved by the decision of the superior court, an application for discretionary appeal may be filed in this Court. See OCGA § 5-6-35 (a) (1). Absent a superior court decision, we lack jurisdiction over this application for discretionary review, which is hereby DISMISSED.

Section 5-6-35(a)(1) permits a discretionary appeal in the Court of Appeals only after the party is aggrieved by a superior court decision.

Copeland v. State · filed 2019-10-04(a)(1)

If the party is then aggrieved by the decision of the superior court, an application for discretionary appeal may be filed in this Court. See OCGA § 5-6-35 (a) (1). Absent a superior court decision, we lack jurisdiction over this application for discretionary review, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires a discretionary appeal for a de novo appeal from a magistrate court decision.

Crafter v. Main Street Renewal, LLC · filed 2019-10-04(a)(1)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, the tenants were required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995). Their failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (1) requires a party seeking review of a superior court decision reviewing an administrative agency decision to use the discretionary appeal procedures.

Tonya Cooper v. Georgia Department of Human Services · filed 2019-10-25(a)(1)

Under OCGA § 5-6-35 (a) (1), a party must follow the discretionary appeal procedures to obtain review of a superior court decision reviewing the decision of an administrative agency.

Section 5-6-35(a)(1) requires appeals from superior court orders reviewing decisions of state administrative agencies to be initiated by an application for discretionary review.

Lovelace v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2019-10-25(a)(1)

However, under OCGA § 5-6-35 (a) (1), appeals from orders of superior courts reviewing decisions of state administrative agencies must be initiated by filing an application for discretionary review.

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.

McSmith v. Bank of America, N.A. · filed 2019-11-07(a)(1), (b)

Second, even if McSmith had a right to appellate review here, 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. ... McSmith’s failure to file an application for discretionary review also deprives us of jurisdiction over this appeal.

Section 5-6-35(a)(1) 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.

Jones v. Brim · filed 2019-12-04(a)(1)

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

Subsections (a)(1) and (b) require appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings to be initiated by discretionary application, and compliance with that procedure is jurisdictional.

Key v. Najarian Capital, LLC · filed 2020-01-07(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.

Section 5-6-35 (a) (1) and (b) require appeals from superior court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Rizzo v. Bank of America, N.A. · filed 2020-01-28(a)(1), (b)

First, 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).

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

Laketia Curry v. Bank of America, N.A. · filed 2020-02-06(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 (a)(1) requires an appeal from a superior court order reviewing an administrative decision to be initiated by an application for discretionary appeal.

Thomas v. City of Atlanta Firefighters Pension Fund · filed 2020-02-06(a)(1)

Under OCGA § 5-6-35 (a) (1), however, appeals from orders of superior courts reviewing an administrative decision must be initiated by filing an application for discretionary appeal.

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.

Smith v. Wilmington Savings Fund Society, Fsb · filed 2020-02-12(a)(1), (b)

First, 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).

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

Farris v. Elliott · filed 2020-02-18(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.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior court's review of a lower-court decision by certiorari or de novo proceedings, even if the superior court dismissed the action.

Emerick v. Recorder's Court of Chatham County · filed 2020-02-18(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. ... Such compliance is required even where the superior court dismisses the action.

Section 5-6-35 (a)(11) requires an application for discretionary appeal when a state court decision reviews a lower court decision by certiorari or de novo proceedings.

Barnett v. Pridgen Enterprises, Inc. · filed 2020-03-31(a)(11)

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

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.

Grimes v. Canopy Development Group, LLC · filed 2020-04-03(a)(1), (b)

First, 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.

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

Ross-Morton v. Wells Fargo Bank, N.A. · filed 2020-04-03(a)(11), (b)

And, because the petitioners sought to appeal from a state court order disposing of a de novo appeal from a magistrate court, they were required to file an application for discretionary review in this Court.

Subsection (a)(1) requires an application for discretionary appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceedings.

Johnson v. Srebro · filed 2020-04-08(a)(1)

First, 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.

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

Rigney v. Sage Acquisitions, LLC · filed 2020-05-04(a)(1)

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

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Jones v. Mark Butler, as Commissioner of Georgia Department of Labor · filed 2020-05-04(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Section 5-6-35 (a) (1) requires a discretionary-appeal application when appealing a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings, even if the superior court dismissed the certiorari petition.

Jones v. the Municipal Court of the City of Atlanta · filed 2020-05-22(a)(1)

First, under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of . . . superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. See Consolidated Govt. of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). This procedure must be followed even where the superior court dismisses the certiorari petition. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351, 351 (317 SE2d 327) (1984).

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.

Wright v. Proforce Staffing, Inc. · filed 2020-06-05(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, 279 (471 SE2d 59) (1996).

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, and compliance with that procedure is jurisdictional.

Ward v. U.S.bank National Association · filed 2020-07-02(a)(1), (b)

First, 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. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(1) requires a discretionary-review application for an appeal from a superior court’s review of a state or local administrative agency decision, regardless of how the judicial review was sought.

Forsling v. Thompson · filed 2020-07-13(a)(1)

The discretionary application statute, OCGA § 5-6-35 (a) (1), “is not limited to ‘appeals’ to the superior court but instead applies to appeals from the superior court’s ‘review[ ]’ of an administrative agency decision, however that judicial review is sought.”

Section 5-6-35(a)(1) and (b) require an application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Vining v. Main Street Renewal, LLC · filed 2020-11-17(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).

Section 5-6-35(a)(1) requires a discretionary-appeal application when the superior court reviews an adjudicative decision of a state administrative agency, including in a declaratory-judgment action.

Jordan v. Department of Natural Resources Environmental Protection · filed 2020-11-17(a)(1)

OCGA § 5-6-35 (a) (1) requires an application to appeal from “decisions of the superior court reviewing decisions of . . . state and local administrative agencies[.]” (Emphasis supplied.) Although the word “decisions” is not defined in OCGA § 5-6-35, our Supreme Court has interpreted the word in this context to mean an agency “determination of an adjudicative nature.” State v. Intl. Keystone Knights of the Ku Klux Klan, Inc., 299 Ga. 392, 402 (4) (a) (788 SE2d 455) (2016).

Subsections (a)(1) and (b) require an appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceeding to be initiated by filing an application for discretionary appeal.

Magnum Collision Center, Inc. v. Progressive Mountain Insurance Company · filed 2020-12-14(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.

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.

Arevalo v. Lamonds · filed 2020-12-23(a)(1), (b)

First, 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.

Section 5-6-35 (a) (1) requires a discretionary appeal to obtain review of a superior court order disposing of a de novo appeal from a magistrate court decision.

RATHBURN v. COMMUNITY BANKING COMPANY OF FITZGERALD · filed 2020-12-23(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, the Rathburns were required to follow the discretionary appeal procedure to obtain review of the superior court’s decision.

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

GREGORY GRAY v. CITIBANK, N.A. AS TRUSTEE FOR CMLTI ASSET TRUST · filed 2021-09-15(a)(1)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, the Grays were required to follow the discretionary appeal procedure to obtain review of the superior court’s order. See OCGA § 5-6-35 (a) (1); English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35 requires an application for discretionary appeal when a superior court reviews a lower-court decision by certiorari or de novo proceedings.

Wanda Washington Miller v. Ko's Auto Sale · filed 2021-09-28(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.

Section 5-6-35(a)(11) requires appeals from state-court decisions reviewing magistrate-court decisions by de novo proceedings to be initiated by an application for discretionary appeal.

Long v. Pal Mf Paramount, LLC · filed 2021-10-13(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 an application for discretionary appeal from a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Mixdeity, LLC v. 575 Boulevard, LLC · filed 2021-12-16(a)(1)

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); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 (a)(1) and (b) require an application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Whitlock v. Michelle Van Hemert Branton · filed 2022-01-10(a)(1), (b)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.”

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

Benitez v. Aundrea Lee · filed 2022-02-01(a)(11)

Because the superior court’s order disposed of a de novo appeal from a magistrate court decision, Benitez was required to follow the discretionary appeal procedure to obtain review of the superior court’s order.

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

Richards v. Atlanta Qoz Fund LLC · filed 2022-02-03(a)(1), (b)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b).”

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.

Argue v. City of Savannah Recorder's Court · filed 2022-02-22(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.

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

Owumi v. Property Services of Atlanta · filed 2022-04-04(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.

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

Burrell v. Wanda Hill Cain · filed 2022-06-06(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 (453 SE2d 119) (1995).

Section 5-6-35(a)(1) requires a discretionary application for appeals from superior-court orders reviewing decisions of state or local administrative agencies, but not orders reviewing the Georgia Lottery Corporation because it is not a state agency.

Lucky Bucks, LLC v. Ruta Inc · filed 2022-08-03(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation, the State Board of Education, auditors, state and local administrative agencies, and lower courts by certiorari or de novo proceedings[.]” But the statute creating the Georgia Lottery Corporation expressly provides that it is “not a state agency[.]” OCGA § 50-27-4. 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.

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

Pierre v. Serenade Heights, Inc. · filed 2022-09-08(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. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). Pierre’s failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Skipper v. Ace Homes, LLC · filed 2022-10-04(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1).

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

H & M Investments, LLC v. Baileys Bp Shoppes, LLC · filed 2022-10-18(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.

Section 5-6-35(a)(11) requires an appellant to use the discretionary appeals procedure when appealing a state court ruling arising from a de novo appeal from a magistrate court decision.

Richards v. Atlanta Qoz Fund, LLC · filed 2022-11-10(a)(11)

When a state court ruling involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeals procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995); Handler v. Hulsey, 199 Ga. App. 751, 751-753 (406 SE2d 225) (1991).

Section 5-6-35(a)(1) requires an application for discretionary appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings, and compliance with that procedure is jurisdictional.

TYHEEMA MASON v. NETZ PINEWOOD, LLC D/B/A PINEWOOD TOWNHOMES · filed 2023-04-06(a)(1)

[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.

Subsection (a)(11) requires a discretionary appeal when an order disposes of a de novo appeal from a magistrate court decision, even if the litigation is expanded in superior court.

Kimberly Copeland and Associates, LLC v. Ben Levitan, LLC · filed 2023-04-18(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Copeland was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991).

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

Davis v. Ashley · filed 2023-07-03(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1).

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

Marchman v. Amerihome Mortgage Company · filed 2023-07-14(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(1) and (b) require appeals from superior court decisions reviewing lower-court decisions by certiorari or de novo proceedings to be initiated by an application for discretionary appeal, and compliance is jurisdictional.

MARIE SMITH v. LANIER MANAGEMENT, LLC · filed 2023-07-26(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),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)(1) requires a discretionary application to appeal a superior court decision reviewing a state administrative agency decision.

ASPIRE MEDICAL PARTNERS, LLC v. GEORGIA ACCESS TO MEDICAL CANNABIS COMMISSION · filed 2023-08-01(a)(1)

An appeal from a decision of the superior court reviewing a decision of a state administrative agency requires an application for discretionary appeal. OCGA § 5-6-35 (a) (1).

Section 5-6-35 (a) (1) and (b) require an appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceedings to be initiated by an application for discretionary appeal.

Golden v. Haidek · filed 2023-08-03(a)(1), (b)

Moreover, Golden is not entitled to directly appeal the underlying dispossessory order. See OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (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).

Section 5-6-35(a)(1) and (b) require an application for discretionary appeal when appealing a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings.

DOUGLAS v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT · filed 2023-08-22(a)(1), (b)

As an initial matter, the petitioners are not entitled to a direct appeal from the superior court’s order reviewing the magistrate court’s order. See OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (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).

Section 5-6-35(a)(1) and (b) require an application for discretionary appeal to review a superior court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Hall v. HSBC Bank USA, Na · filed 2023-08-22(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.

Subsection (a)(1) requires an application for discretionary appeal from a superior court decision reviewing a lower court decision by certiorari or de novo proceedings.

Willis v. Ng · filed 2023-09-22(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); accord OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(11) requires an appeal from a state court ruling on a de novo appeal from a magistrate court decision to use the discretionary-appeal procedure, and compliance with that procedure is jurisdictional.

Dorsey v. Kim · filed 2023-10-16(a)(11)

When a state court ruling involves a de novo appeal from a magistrate court decision, the appellant is required to follow the discretionary appeals procedure. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995); Handler v. Hulsey, 199 Ga. App. 751, 751-753 (406 SE2d 225) (1991). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (1) and (b) require an application for discretionary review when appealing a superior-court decision reviewing a lower-court decision, and compliance with that procedure is jurisdictional.

Borden v. Xu · filed 2023-10-25(a)(1), (b)

As we explained in our order dismissing Borden’s prior appeal, appeals from superior court decisions reviewing lower court decisions 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); see also Rebich v. Miles, 264 Ga. 467, 469 (448 SE2d 192) (1994) (“[T]he underlying subject matter generally controls over the relief sought in determining the proper procedure to follow to appeal.”). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Borden’s failure to follow the proper procedure once again deprives us of jurisdiction over this direct appeal, pretermitting whether any form of appellate review otherwise may lie on the procedural posture of this case.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior court decision reviewing a lower court decision by petition for review.

Robins v. Douglas County · filed 2023-11-28(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by petition for review” must be made by filing an application for discretionary appeal in this Court.

Section 5-6-35(a)(1) requires an application for discretionary appeal when appealing a superior-court decision reviewing a lower-court decision by petition for review.

Varneal MacK, Jr. v. U.S. Bank Trust National Association, Solely as Owner Trustee of Vrmtg Asset Trust · filed 2024-01-25(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by petition for review” must be made by filing an application for discretionary appeal in this Court. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

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 an application for discretionary appeal.

Johnson v. John T. Clough, III · filed 2024-02-08(a)(11)

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

Section 5-6-35 (a)(1) and (b) require an application for discretionary review when appealing a superior-court decision reviewing a lower-court decision.

SCHOENBLUM v. DONE WRIGHT MOTORS · filed 2024-02-12(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions 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) (11) and (b) require 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.

Glenn v. Huntington Apartment Homes Xii LLC · filed 2024-02-13(a)(11), (b)

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.

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

Atlanta Auto Restoration, LLC v. Alger · filed 2024-03-27(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); accord OCGA § 5-6-35 (a) (1). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Atlanta Auto seeks to appeal from a decision of the superior court reviewing a decision of the magistrate court by certiorari, its failure to file a discretionary application deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(1) requires a party appealing a superior court decision reviewing a state agency ruling to follow the discretionary appeal procedure.

Pellett v. Georgia Department of Labor, Board of Review · filed 2024-04-12(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Subsection (a)(1) requires a discretionary appeal from a superior-court order resolving a de novo appeal from a magistrate court decision, even when the superior-court appeal includes related matters not initially considered.

Simply the Best Grading, LLC v. White Anchor Equestrian, LLC · filed 2024-04-12(a)(1)

Because the superior court’s order disposes of a de novo appeal from a magistrate court decision, Simply was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); cf. Handler v. Hulsey, 199 Ga. App. 751, 751 (406 SE2d 225) (1991) (appeal from magistrate court to state court). This is true even in cases, such as this one, in which the appeal was expanded in superior court to include matters not considered initially in the magistrate court.

Section 5-6-35(a)(11) requires an application for discretionary appeal from a state-court decision reviewing a lower-court decision by certiorari or de novo proceedings, and compliance is jurisdictional.

ALEXANDER v. RANSOM RABUN · filed 2024-04-15(a)(11)

Appeals from state 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) (11); Strachan v. Meritor Mortgage 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). The failure of Alexander and Blanks to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Cordarriel Green v. Hometown Communities Property Management · filed 2024-04-18(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); accord OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(1) and (b) require an application for discretionary review when appealing a superior court decision reviewing a lower court decision.

Cordarriel Green v. Hometown Communities Property Management · filed 2024-04-24(a)(1), (b)

As we explained in our order dismissing Green’s appeal in Case No. A24A1146, appeals from superior court decisions reviewing lower court decisions 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 (a) (1) requires an application for discretionary appeal when appealing a superior court decision reviewing a local administrative agency decision by petition for review.

THOMAS v. CLAYTON COUNTY · filed 2024-05-09(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . local administrative agencies . . . by petition for review” must be made by filing an application for discretionary appeal.

For appeals from superior court decisions reviewing lower-court decisions by certiorari or de novo proceedings, the statute requires filing an application for discretionary review.

Joseph A. Coleman, Jr. v. Wilmington Savings Fund Society Fsb · filed 2024-07-01(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(1) requires an appeal from a superior-court decision reviewing a magistrate-court decision de novo to follow the discretionary-appeal procedure, compliance with which is jurisdictional.

IYAMU v. ZHENG · filed 2024-07-09(a)(1)

Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Iyamu was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

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 review.

NELSON v. VICTOR WARREN PROPERTIES, INC. · filed 2024-07-30(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings 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(a)(1) requires an appeal to the Court of Appeals from a superior-court decision reviewing a magistrate-court decision de novo to follow the discretionary-appeal procedure.

RODGERS v. HUI · filed 2024-07-31(a)(1)

Because the appeal to this Court is from the decision of a superior court reviewing de novo the decision of a magistrate court, Rodgers was required to follow the discretionary appeal procedure. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35(a)(1) and (b) require an appeal from a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings to be initiated by an application for discretionary review.

NELSON v. VICTOR WARREN PROPERTIES, INC. · filed 2024-07-31(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary review. ... Because this case involves an appeal from magistrate court to superior court, the Nelsons were required to file an application for discretionary review but failed to do so.

Section 5-6-35 requires an application for discretionary review when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Kwajalein Waters v. Brooks Real Estate Management · filed 2024-08-14(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary review.

Appeals from superior court decisions reviewing lower court decisions by petitions for review must be initiated by filing an application for discretionary review.

Calvin v. Housing Authority of the City of Jesup · filed 2024-09-05(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petitions for review must be initiated by filing an application for discretionary review.

Section 5-6-35 requires an application for discretionary review when appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings.

Kwajalein L. Waters v. Navy Federal Credit Union · filed 2024-09-16(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 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 an application for discretionary review to initiate an appeal from a superior court decision reviewing a lower-court decision on petition for review.

Van Holten v. Berry · filed 2024-09-24(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petitions 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 appeals from superior-court decisions reviewing lower-court decisions to be initiated by an application for discretionary review.

CESAR AUGUSTO CORDON SOSA v. SOUTHEASTRANS, INC. · filed 2024-10-01(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review.

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

Spurling v. Oaks Intown · filed 2024-10-04(a)(1)

“[A]ppeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Spurling has no right of direct appeal here, this appeal is hereby DISMISSED.

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

GILMER COUNTY v. CLARK · filed 2024-10-16(a)(1)

“Appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be brought by application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Hamryka v. City of Dawsonville, 291 Ga. 124, 125 (1) (728 SE2d 197) (2012). A zoning decision made by a local government constitutes the action of a local administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an appeal from a superior court decision reviewing the local administrative agency’s decision must come by way of an application for discretionary appeal.

Subsection (a)(1) requires an appeal from a superior-court decision reviewing a lower-court decision by petition for review to proceed by application for discretionary appeal.

Jordan v. Santiago · filed 2024-10-16(a)(1)

Appeals from decisions of the superior courts reviewing decisions of lower courts by petition for review shall be by application for discretionary appeal.

Section 5-6-35 requires a discretionary appeal when a superior court reviews a magistrate court decision de novo, including an action for damages with a judgment under $10,000.

A Citizen's Storage, Inc. v. Fervier · filed 2024-10-28(a)(1), (a)(6)

Because the appeal to this Court is from a decision of a superior court reviewing de novo the decision of a magistrate court, Citizen’s Storage was required to follow the discretionary appeal procedure.

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

Neal-Andrews v. Ace Homes, LLC · filed 2024-09-24(a)(1), (b)

First, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(1) requires an appeal from a superior court's de novo review of a magistrate court ruling to follow the discretionary-appeal procedure.

Jeanita Huff v. Wesley Kensington Partners · filed 2025-02-05(a)(1)

Because the appeal to this Court stems from the superior court’s de novo review of a magistrate court ruling, Huff was required to follow the discretionary appeal procedure in order to 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)(1) and (b) require an application for discretionary appeal when a superior court reviews a lower court decision by certiorari or de novo proceedings.

CHRIS KING v. GARY · filed 2025-02-12(a)(1), (b)

First, 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.

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

LINDA JEAN BALDRIDGE BOWLING v. BOBBY JOE TAYLOR · filed 2025-02-28(a)(1)

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

Section 5-6-35(a)(1) requires a party seeking review of a superior court decision reviewing a magistrate court decision to file a discretionary application.

STEWART v. JJ & T MANAGEMENT · filed 2025-03-20(a)(1)

The only means for appealing the decision of a superior court reviewing a magistrate court decision is by filing a discretionary application. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Pratcher v. Mnf III Wi, LLC · filed 2025-04-03(a)(1), (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 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. Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021) (failure to comply with the discretionary appeal procedure, where applicable, requires dismissal of the appeal for lack of jurisdiction).

Section 5-6-35 requires an application for discretionary appeal when seeking review of a superior court decision reviewing a lower court decision.

OWENSBY v. SFR JV 2021 1 BORROWER, LLC · filed 2025-04-23(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 appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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 certiorari or de novo proceedings.

Bramwell v. Victor Warren Properties, Inc. · filed 2025-04-29(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 review.

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

Tayo Reed v. Bekis Solutions, LLC · filed 2025-05-19(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); see also Rebich v. Miles, 264 Ga. 467, 469 (448 SE2d 192) (1994) (“[T]he underlying subject matter generally controls over the relief sought in determining the proper procedure to follow to appeal.”)

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Devante Wade v. Bruce Thompson, Commissioner of Georgia Department of Labor · filed 2025-05-20(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

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

Beddingfield v. Ken Smith · filed 2025-06-12(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. ... Compliance with the discretionary appeals procedure is jurisdictional.

Section 5-6-35 requires an application for discretionary appeal when seeking review of a superior-court decision reviewing a lower-court decision by petition for review.

Kent v. Golestan Properties, LLC · filed 2025-06-25(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 appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Subsections (a)(1) and (b) require an application for discretionary appeal from a superior court decision reviewing a lower court decision by petition for review, and compliance with that procedure is jurisdictional.

Hajiani v. Wan Sisouk · filed 2025-07-28(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 appeal. ... “Compliance with the discretionary appeals procedure is jurisdictional.”

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.

WILLIAMS v. MY RENTALS LLC · filed 2025-08-11(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.

Section 5-6-35(a)(11) requires a discretionary appeal when the Court of Appeals reviews a state court's de novo decision on a magistrate court ruling.

Vinson v. Mvp German Auto · filed 2025-08-11(a)(11)

Vinson’s appeal to this Court arises from the state court’s de novo review of a magistrate court ruling. Therefore, Vinson was required to follow the discretionary appeal procedure. See 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 requires an application for discretionary appeal when a party appeals a superior court decision reviewing a state or local administrative agency decision.

Diamond v. Meriwether County · filed 2025-07-31(a)(1) and (b)

Under OCGA § 5-6-35 (a) (1) and (b), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies” must be made by filing an application for discretionary appeal in this Court.

Section 5-6-35 requires an appeal following a state court's review of a magistrate court decision to be brought by discretionary application.

DELANEY v. MID-AMERICA APARTMENTS, L.P. · filed 2025-09-12(a)(11), (b)

Second, even if the state court’s order were final, this case would be subject to the discretionary appeals procedure. Appeals following a state court’s review of a magistrate court’s decision must be brought by discretionary application. OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995).

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

Carter v. Stark · filed 2025-09-17(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 appeal.

Subsection (a)(1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Hardaway v. Bruce Thompson, Commissioner of Georgia Department of Labor · filed 2025-09-24(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

Section 5-6-35 requires an application for discretionary review when appealing a superior court decision reviewing a lower court decision, and compliance with that procedure is jurisdictional.

Johnson v. Orchard Walk , Lp · filed 2025-11-18(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. OCGA § 5-6-35(a)(1), (b); ... “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a)(1) requires an application for discretionary review for appeals from superior-court decisions reviewing lower-court decisions by petition for review.

ASHLEY WRIGHT v. HADC PARK AT 500, LLC · filed 2025-11-21(a)(1)

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1).

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

CHANCE BOSTON v. FKG LOGISTICS · filed 2025-11-21(a)(1), (b)

“Appeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation” must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Adivari v. Sears, Roebuck & Co., 221 Ga. App. 279, 279 (471 SE2d 59) (1996).

Section 5-6-35 (a)(1) requires an application for discretionary review when appealing a superior court decision reviewing a lower court decision by petition for review.

Hurt v. Medlink Georgia, Inc. · filed 2025-11-24(a)(1)

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1).

Section 5-6-35(a)(1) and (b) require an application for discretionary review when appealing a superior court decision reviewing a lower court ruling, and compliance with that procedure is jurisdictional.

BEVERLY ALLEN-TEMPLE v. COATES · filed 2025-11-25(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. 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.”

Subsection (a)(1) requires an application for discretionary review when appealing a superior court decision reviewing a lower court decision.

ASHLEY WRIGHT v. HADC PARK AT 50,0 LLC · filed 2025-12-03(a)(1)

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because defendants seek to appeal a decision of the superior court reviewing a decision of the magistrate court, they were required to file an application for discretionary review. Their failure to do so deprives us of jurisdiction over this direct appeal.

Sections 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.

Eduok v. Eduok · filed 2026-02-02(a)(1), (b)

First, an appeal from a superior court decision reviewing a lower court decision 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(a)(11) and (b) require an appeal from a state court’s review of a magistrate court decision to proceed by discretionary application, and compliance is jurisdictional.

Searcy v. Velocity Investments, LLC · filed 2026-02-17(a)(11), (b)

Appeals from a state court’s review of a magistrate court’s decision must be brought by discretionary application. OCGA § 5-6-35(a)(11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Searcy’s failure to comply with the discretionary appeals procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Seabrian v. Nick Davis · filed 2026-02-25(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 appeal. OCGA § 5-6-35 (a)(1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). Because this case involves a petition for superior court review of a magistrate court decision, Seabrian was required to file an application for discretionary appeal. See Bullock, 260 Ga. App. at 875.

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

Nelson v. Evi Cws Quill, LLC · filed 2026-03-11(a)(1)

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

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

McKinney v. Imp Elevate West Village, LLC · filed 2026-03-17(a)(1)

First, because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, McKinney was required to follow the discretionary appeal procedures.

Section 5-6-35(a)(1) authorizes appeals from superior-court decisions reviewing lower judicatories only when the decision is final, not interlocutory review of a non-final order.

The Lamar Company, L.L.C., D/B/A Lamar Advertising v. North Fulton Outdoor, LLC · filed 2026-02-03(a)(1)

Furthermore, nothing in OCGA § 5-6-35(a)(1) permits interlocutory review of a non-final order.1 Rather, this code section applies to “[a]ppeals from decisions of the superior courts reviewing decisions” of lower judicatories. OCGA § 5-6-35(a)(1) (emphasis added).

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

Roseman v. Y2f Ventures, LLC · filed 2026-04-07(a)(1)

Because the underlying issue involves the superior court’s de novo review of a magistrate court ruling, Roseman 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 appeals from superior-court decisions reviewing lower-court decisions by petition for review to be initiated through an application for discretionary review.

Pratcher v. Highpoint Development Partners, LLC · filed 2026-05-06(a)(1)

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(1).

Section 5-6-35(a)(11) requires an application for discretionary review when appealing a state court's de novo decision reviewing a magistrate court decision.

Fox v. Cody · filed 2026-06-03(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.

Section 5-6-35 (a) (1) requires a party appealing a superior court decision reviewing a state agency ruling to use the discretionary appeal procedure.

Owsley v. Commissioner of the Georgia Department of Labor · filed 2026-06-08(a)(1)

Under OCGA § 5-6-35 (a) (1), however, a party seeking to appeal a superior court decision reviewing a state agency ruling must follow the discretionary appeal procedure.

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.

Brundidge v. US Bank National Association · filed 2019-09-23(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).

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

Alto Terrell Moore v. State · filed 2021-08-26(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court.

Section 5-6-35 requires a timely discretionary application in the appellate court to appeal superior court review of a magistrate court decision.

Hurt v. Medlink Georgia Inc · filed 2025-10-29(a)(1), (d)

Furthermore, because this case involves superior court review of a magistrate court decision, it is subject to the discretionary appeal procedure, which requires that a ...discretionary application be timely filed in the appellate court. See OCGA § 5-6- 35(a)(1), (d).

Appeals from superior court decisions reviewing magistrate court decisions require an application for discretionary review; a direct appeal does not confer jurisdiction.

YOLANDA BELL v. GARY · filed 2025-05-14(a)(1), (b)

Because this case involves an appeal from magistrate court to superior court, Bell and King have no right to a direct appeal here, and we denied their application for discretionary review.

Section 5-6-35 requires compliance with its appeal procedures, and failure to comply requires dismissal of the appeal.

Walker v. City of MacOn · filed 1983-04-07

Appellant has failed to follow the appeal procedures required in OCGA § 5-6-35 (formerly Code Ann. § 6-701.1) and his appeal must be dismissed.

Section 5-6-35 requires compliance with its appeal procedures, and failure to follow them requires dismissal of the appeal.

In the Interest of J. E. P. · filed 1983-09-06

Appellant has failed to follow the appeal procedures required by OCGA § 5-6-35 (formerly Code Ann. § 6-701.1) and her appeal must be dismissed.

Section 5-6-35 requires compliance with the prescribed appeal procedures, and failure to comply requires dismissal of the appeal.

Hendon v. Cochran · filed 1985-11-07

As appellant has failed to follow the appeal procedures required in OCGA § 5-6-35, her appeal must be dismissed.

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

Cooper v. Cooper · filed 2017-10-11(d)

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

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the entry of the challenged order, decision, or judgment, and does not authorize a trial court to extend that filing period.

Rosenstein v. Jenkins · filed 1983-04-22(d)

OCGA § 5-6-35 (d) (Code Ann. § 6-701.1) requires that such applications be filed “within 30 days of the entry of the order, decision, or judgment complained of.” While the trial court has the authority under OCGA § 5-6-39 (Code Ann. § 6-804) to grant a 30-day extension of time for filing a notice of appeal, there is no comparable authority for granting an extension of time for filing an application for discretionary appeal.

Section 5-6-35 requires an order granting an application to appeal before a party may obtain discretionary appellate review of a superior-court decision reviewing a state administrative agency decision.

Heiny v. Department of Public Safety · filed 1983-11-28

Appellant filed a direct appeal to this court without complying with the provisions of OCGA § 5-6-35 (Code Ann. § 6-701.1), which requires an order of this court granting appellant’s application to appeal. The requirements of § 5-6-35 (Code Ann. § 6-701.1) must be followed as a necessary prerequisite to secure discretionary appellate review of decisions of superior courts reviewing decisions of state administrative agencies. Accordingly, we have no jurisdiction and the appeal must be dismissed.

Section 5-6-35(a)(7) requires an application for discretionary appeal in a criminal case before a direct appeal from the denial of an extraordinary motion for new trial may be heard.

Ibietatorremendia v. State · filed 1985-05-15(a)(7)

Appellant has not filed an Application for a Discretionary Appeal pursuant to OCGA § 5-6-35 (a) (7), Ga. L. 1984, p. 599. This Code section applies to criminal cases and, accordingly, we are without jurisdiction over this direct appeal.

Section 5-6-35(a)(7) requires an application for discretionary appeal before the appellate court has jurisdiction over a direct appeal in the covered case.

AAA Van Servs., Inc. v. Willis · filed 1987-02-12(a)(7)

We are without jurisdiction over this direct appeal since defendant did not file an application for a discretionary appeal pursuant to OCGA § 5-6-35 (a) (7). Accordingly, the appeal must be dismissed.

Section 5-6-35 requires an application for discretionary appeal when an appeal arises from an order setting aside a judgment under OCGA § 9-11-60(d).

Leader National Insurance v. Martin · filed 1987-11-05(a)(8), (b)

Assuming arguendo that Leader's alternative motion to set aside the judgment qualified as a motion to set aside filed pursuant to OCGA § 9-11-60 (d), any appeal therefrom would be subject to the application procedures set forth in OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (8); Jaraysi v. Southern Bell &c. Co., 176 Ga. App. 105 (335 SE2d 463) (1985). As Leader did not file an application for discretionary appeal, and as it neither filed a timely direct appeal from the final judgment entered in the case on December 11, 1986, nor filed a valid and timely motion for new trial, it follows that Martin's motion to dismiss Leader's appeal must be granted.

Section 5-6-35(g) requires a notice of appeal within ten days after an application to appeal is granted, but a notice filed after judgment and before the application is granted is timely.

Wannamaker v. Carr · filed 1987-11-24(g)

... We have construed OCGA § 5-6-35 (g) and OCGA § 5-6-48 (b) (1) with OCGA § 5-6-37 and with the language of OCGA § 5-6-30 requiring a liberal interpretation of the article on appellate procedure so as to promote decisions on the merits of cases appealed and to prevent dismissal unless mandated by the article. We find that while a failure to file a notice of appeal within ten days after the grant of an application will subject an appellant to dismissal, the filing of a notice of appeal after the judgment complained of is entered but before the granting of the application to appeal does not constitute a failure to timely file.

Subsection (g) requires an applicant granted a discretionary appeal to file the notice of appeal within ten days, and timely filing is an absolute prerequisite to appellate jurisdiction.

White v. White · filed 1988-09-23(g)

When this court issues an order granting a discretionary appeal, the applicant must file a notice of appeal within ten days of the issuance of the order. OCGA § 5-6-35 (g). ... The timely filing of the notice of appeal is an absolute prerequisite in order to confer jurisdiction on this court.

Section 5-6-35(b) requires an application before appealing an order denying a motion to set aside under OCGA § 9-11-60(d).

Agency Management Services v. Escape Travel/Tour Services · filed 1991-06-05(b)

An appeal from an order denying a motion to set aside filed pursuant to OCGA § 9-11-60 (d) is subject to the application procedures set forth in OCGA § 5-6-35 (b).

Subsection (h) divests the superior court of power to alter the judgment once an application for discretionary appeal is filed.

Robinson v. Department of Corrections · filed 1993-11-24(h)

Both administrator Robinson and the department acknowledge, correctly, that the superior court was without jurisdiction to enter the July 1 order granting Williams’ motion for reconsideration. The filing of the application for discretionary appeal divested the court of power to effect the judgment. OCGA § 5-6-35 (h).

Section 5-6-35(d) requires an application for a discretionary appeal to be filed with the clerk of the Supreme Court or Court of Appeals within 30 days after the order is entered.

Hill v. State · filed 1992-06-12(d)

OCGA § 5-6-35 (d) provides that applications for discretionary appeals must be filed with the clerk of the Supreme Court or the Court of Appeals within 30 days of the entry of the order.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate jurisdiction over an order in a probation-revocation proceeding.

State v. Wilbanks · filed 1994-11-15(a)(5)

Jurisdiction lies upon application only. OCGA § 5-6-35 (a) (5).

Section 5-6-35(h) makes filing an application for appeal a supersedeas to the same extent as a notice of appeal.

NEST INVESTMENTS, INC. v. Tzavaras · filed 1996-05-06(h)

“The filing of an application for appeal shall act as a supersedeas to the extent that a notice of appeal acts as supersedeas.”

Section 5-6-35(a)(6) requires a discretionary appeal application for an award of sanctions under OCGA § 9-15-14(b), because such an award is not directly appealable.

Hill v. Doe · filed 1999-09-08(a)(6)

This discretionary appeal was granted ostensibly under OCGA § 5-6-35 (j). This was improvident. ... Such an award is not directly appealable but requires an application to this court pursuant to the discretionary appeal procedures. OCGA § 5-6-35 (a) (6).

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

Styles v. State · filed 2000-07-13(d)

Applications for discretionary appeal must be filed within 30 days of entry of the order complained of. OCGA § 5-6-35(d). Styles's application was not filed within 30 days of the entry of the June 30, 1999 order revoking probation, which remains in effect due to the void nature of the order purporting to vacate it. This court lacks jurisdiction to consider an untimely application for discretionary appeal.

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

Ciraldo v. Ciraldo · filed 2006-06-12(d)

Mr. Ciraldo did not timely file an application for a discretionary appeal from the trial court's final judgment and decree of divorce of January 13, 2005, which must have been done within 30 days of the entry of the judgment and decree. See OCGA § 5-6-35(d).

When a motion for new trial has been filed, the application for discretionary appeal must be filed within 30 days after the order finally disposes of that motion.

Underwood v. Underwood · filed 2007-10-09(d)

When a motion for new trial... has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.

Section 5-6-35(c) requires an applicant to include the appealed order and directly related pleadings, but permits other record or transcript materials at the applicant’s discretion unless a particular part is necessary for the appellate court to decide whether to grant the application.

In the Interest of D. R. · filed 2009-07-07(c)

[t]he applicant shall include as exhibits to the petition a copy of the order or judgment being appealed and should include a copy of the petition or motion which led directly to the order or judgment being appealed and a copy of any responses to the petition or motion. An applicant may include copies of such other parts of the record or transcript as he deems appropriate. No certification of such copies by the clerk of the trial court shall be necessary in conjunction with the application.

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

Durham v. State · filed 2012-04-26(d)

To be valid, 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); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

Section 5-6-35 requires a party seeking this type of appeal to file an application for discretionary appeal in the appropriate appellate court.

Austin v. Husqvarna Consumer Products · filed 2012-05-09

Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.

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

Bennett v. State · filed 2012-05-22(d)

To be timely, however, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). Because Bennett filed his application 210 days after the trial court entered its order, it is untimely. Accordingly, we lack jurisdiction over the application, which is hereby DISMISSED.

Section 5-6-35 requires a party seeking this type of appeal to file an application for discretionary appeal with the appropriate appellate court.

Steverson v. Sharpe · filed 2012-05-23

Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Steverson’s failure to file an application for discretionary appeal in this case deprives this Court of jurisdiction over this direct appeal.

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

Demetric Demons Chatman v. State · filed 2012-05-25(d)

To be valid, 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); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Here, Chatman was required to file his application within 30 days of the February 23 order.

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

Elmore Spooney, Jr. v. State · filed 2012-06-11(d)

To be valid, 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); ... Spooney’s application was filed 66 days after entry of the order he wishes to appeal and is therefore untimely.