Ga. Code Ann. § 5-6-35
Appeals in certain cases: the cases that interpreted this section
5,182 citing cases reviewed of 5,427 in the citation index: 4,287 interpreted the section (annotated below), 895 cited it only in passing. Cases filed after 2026-06-26 may not have been reviewed yet.
Have a situation under Ga. Code Ann. § 5-6-35?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Time for filing discretionary appeal application
Section 5-6-35(d) makes the 30-day deadline for filing a discretionary appeal, subject to proper extensions under § 5-6-39, jurisdictional.
Crosson v. Conway · filed 2012-06-18(d)
Afailureto meet the statutory deadline for filing a discretionary application, which is 30 days under OCGA § 5-6-35 (d) plus any proper extensions pursuant to OCGA § 5-6-39, is a jurisdictional defect.Read the full opinion on CourtListener →
Section 5-6-35(d) and (j) require an application for discretionary review to be filed within 30 days after entry of the order to be appealed.
Ates v. Calvary Portfolio Services, LLC as Assignee of Calvary Spv I LLC as Assignee of Wells Fargo Bank, N.A. · filed 2012-06-20(d), (j)
To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The trial court’s order was entered on April 30, 2012, but Ates did not file this application until 31 days later, on May 31, 2012. Accordingly, his untimely application is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Subsection (d) extends the time for filing an application for discretionary appeal when a motion for new trial is pending.
Neely v. Habegger · filed 2012-06-21(d)
A motion for new trial extends the time for filing an application for discretionary appeal. See OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order from which the appeal is taken; a motion for reconsideration does not extend that deadline.
Circle B Enterprises, Inc., D/B/A Precision Homes v. Douglas J. MacGinnitie. Comr. · filed 2012-06-26(d)
Moreover, a motion for reconsideration does not extend the time for filing an application to appeal. See Harris v. State, 278 Ga. 280 282 n.3 (600 SE2d 592) (2004). Thus, in order to appeal, Circle B was required to file its application within 30 days of the trial court’s February 14 order. See OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order being appealed.
Isaac K. Zico Formerly Isaac Obeng v. State · filed 2012-07-03(d)
To the extent he seeks to appeal his 2001 conviction, we lack jurisdiction because this application is untimely. See OCGA § 5-6-35 (d) (applications for discretionary appeal must be filed within 30 days of the order on appeal).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary review application to be filed within 30 days after entry of the order being challenged.
Gibson v. State of Georgia · filed 2012-07-03(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 Gibson filed his application 70 days after the trial court entered its order, it is untimely.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Cuttino v. Michael J. Thurmond, Commissioner of the Georgia Department of Labor · filed 2012-07-10(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a party seeking appellate review to file an application for discretionary review within 30 days after entry of the order being appealed.
Wright v. Georgia Department of Corrections D/B/A Johnson State Prison · filed 2012-07-25(d)
Under OCGA § 5-6-35 (d), the party wishing to appeal must file an application for discretionary review with the appellate court within 30 days of entry of the order at issue.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Robert Edward Morgan, Jr v. State · filed 2012-07-26(d)
OCGA § 5-6-35 (d) provides that applications for discretionary appeal must be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.
Moyers v. State · filed 2012-07-30(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order at issue.
King v. the Georgia Department of Human Resources, Ex. Rel., Aanieyah King · filed 2012-08-15(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). King, however, filed his application 42 days after the trial court entered its order.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order to be appealed.
Pryor v. Butler · filed 2012-08-16(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 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Jackson Sr. v. Lehern McGovern Bovis Inc. · filed 2012-08-22(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).Read the full opinion on CourtListener →
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.
Carson v. State · filed 2012-08-28(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. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Subsection (d) requires a discretionary-appeal application to be filed within 30 days of the order being appealed.
Sullivan v. William Duncan Carver, II · filed 2012-10-01(d)
Thus, in order to appeal, Sullivan had to file his application within 30 days of the trial court’s February 2011 and December 2011 orders. See OCGA § 5-6-35 (d). His failure to do so deprives us of jurisdiction over this application, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order being appealed.
Harper v. Commissioner of the Georgia Department of Labor · filed 2012-10-04(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 (420 SE2d 393) (1992). Here, Harper filed his application 81 days after entry of the order he seeks to appeal. We lack jurisdiction to consider an untimely application for discretionary appeal. See Hill, supra. Accordingly, this application is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.
James v. State · filed 2012-10-11(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 (420 SE2d 393) (1992). Here, James’s application was filed 46 days after entry of the order he seeks to appeal. We lack jurisdiction to consider an untimely application for discretionary appeal. See Hill, supra. Accordingly, this application is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Jackson v. State · filed 2012-11-13(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed, and the statute's requirements are jurisdictional.
Perkins v. State · filed 2012-11-13(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires a party wishing to appeal to file an application for discretionary appeal with the appropriate appellate court.
Coffey v. State of Georgia · filed 2012-11-16
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35 requires an application for discretionary appeal to be filed within 30 days, and treats that deadline as jurisdictional.
McCants v. State · filed 2012-11-21(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and the statute's requirements are jurisdictional.
Williams v. State · filed 2012-11-28(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days of the order, and the deadline is jurisdictional; a trial court may not extend it.
In the Interest of S. M. B. · filed 2012-11-30(d)
Applications for discretionary appeal must be filed within 30 days of entry of the order to be appealed, and we have held that a party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. OCGA § 5-6-35 (d). ... Moreover, we have also held that a trial court lacks authority to extend the time for filing a discretionary appeal. ... Here, the father’s motion to vacate, which the trial court interpreted as a motion for an out-of-time appeal, was not filed within 30 days of the August 16, 2011 order terminating his parental rights. The father had no right of direct appeal of the order, and any challenge to the termination order was required to be through application for appellate review pursuant to OCGA § 5-6-35 (a) (12). Further, the trial court had no right to grant an extension of time to file an application to appeal, which had to be filed in this court within 30 days of the order.Read the full opinion on CourtListener →
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.
Murray v. State · filed 2012-12-13(d)
Additionally, both an application for a discretionary appeal and a direct appeal must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA §§ 5-6-35 (d), 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-35(b) requires an applicant for discretionary appeal to identify the order or judgment being appealed and attach a copy of it to the application.
Faircloth v. State · filed 2012-12-31(b)
An applicant for discretionary appeal must “specify the order or judgment being appealed” and “include as exhibits to the petition a copy of the order or judgment being appeal.” OCGA §§5-6-35(b) & (C); see also Court of Appeals Rule 31(e)(“Discretionary applications must contain a stamped “filed” copy of the trial court’s order or judgment from which the appeal is sought.”).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment being appealed, and that deadline is jurisdictional.
Mathews v. State · filed 2013-01-09(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking an appeal in the covered civil action to file an application for discretionary appeal with the appropriate appellate court.
Cobble v. Clay Tatum, Warden · filed 2013-02-01
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.
Dalenberg v. Dalenberg · filed 2013-02-08(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Dalenberg filed his application 33 days after entry of the trial court’s order, and we lack jurisdiction to consider an untimely application for discretionary appeal. See Hill, supra. Accordingly, this application is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.
May v. Morgan County · filed 2013-03-05(d)
To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed.
Holloway v. State · filed 2013-03-06(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).Read the full opinion on CourtListener →
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.
In the Interest Of: J. H., a Child (Mother) · filed 2013-03-20(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal a covered civil action to file an application for discretionary appeal with the appropriate appellate court.
Ubele v. State of Georgia · filed 2013-03-21
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Sumlin v. City of Atlanta · filed 2013-04-03(d)
An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal.Read the full opinion on CourtListener →
Section 5-6-35(a)(7) requires a party seeking to appeal an order denying an extraordinary motion for new trial to file an application for discretionary appeal.
Watkins v. State · filed 2013-04-23(a)(7)
To appeal from an order denying an extraordinary motion for new trial, a party must file an application for discretionary appeal.Read the full opinion on CourtListener →
Section 5-6-35(d) generally requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed.
Gastel v. Barber · filed 2013-05-08(d)
Generally, 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).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order being challenged.
Dietz v. Fout Brothers, Inc. · filed 2013-05-22(d)
To be valid, however, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Angelo Bernard Banks v. Georgia Department of Corrections · filed 2013-06-11(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).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Rowe v. Dekalb County, Georiga · filed 2013-06-13(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).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment being appealed.
John Michael Devone, Sr. v. Finley · filed 2013-06-27(d)
To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary-review application within 30 days after the order appealed from, and an untimely motion for new trial does not toll that deadline.
In the Interest Of: N. H., a Child (Mother) · filed 2013-06-27(d)
We lack jurisdiction. An application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). Although a motion for new trial generally extends this deadline, such a motion is not valid unless it is filed within 30 days after entry of judgment. See id.; OCGA § 5-5-40 (a); Wright v. Rhodes, 198 Ga. App. 269 (401 SE2d 35) (1990).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the trial court’s order.
Thompson v. State · filed 2013-07-10(d)
Applications for discretionary appeal must be filed within 30 days of entry of the trial court’s order. See OCGA § 5-6-35 (d). Thompson’s filing was docketed as an application on June 10, 2013 – 53 days after the trial court entered its order. Accordingly, it is untimely.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking an appeal in this context to file an application for discretionary appeal with the appropriate appellate court.
Mitschell v. Willard · filed 2013-07-12
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order appealed from.
Fuller v. State · filed 2013-05-23(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Section 5-6-35 generally permits discretionary review of a directly appealable order, but the application must be filed within 30 days after entry of the order or judgment.
Weiss v. Ally Finanical, Inc. F/K/A Gmac Inc. A/K/A Ally Bank · filed 2013-07-16(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). To fall within this general rule, however, the 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 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal.
Morgan v. State · filed 2013-08-08(a)(7)
Orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).Read the full opinion on CourtListener →
Section 5-6-35(c) requires a discretionary-appeal applicant to attach the order or judgment being appealed and recommends including the underlying petition or motion and any responses.
Lewis v. State · filed 2013-08-12(c)
Under OCGA § 5-6-35 (c), an applicant for discretionary appeal “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.” (Emphasis supplied.)Read the full opinion on CourtListener →
Subsection (d) requires a discretionary-appeal application to be filed within 30 days after entry of the order being appealed.
Deschamps v. Marathon Investment Trust LLC. · filed 2013-08-15(d)
To be valid, an application for discretionary appeal must be filed within 30 days of the entry of the order to be appealed.Read the full opinion on CourtListener →
Section 5-6-35(d) and (j) require an application for discretionary review of a directly appealable order to be filed within 30 days after the order is entered.
Lyons v. State · filed 2013-08-19(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.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment appealed from.
Lopes-Hernandez v. State · filed 2013-09-12(d)
To fall within this general rule, however, the 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 (420 SE2d 393) (1992). Because Lopes-Hernandez filed his application 36 days after entry of the trial court’s order, it is untimely.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after the order being appealed is entered.
Mathis v. State · filed 2013-06-14(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Martin v. Shevondah Fields, Manager, Georgia Department of Corrections Inmate Affairs and Appeals · filed 2013-07-23(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary application to be filed within 30 days after entry of the order being appealed.
Spencer v. State · filed 2013-09-19(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
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.
Williams v. the Georgia LLC · filed 2013-10-09(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.” ... “Because the Williamses did not follow the proper procedure for requesting discretionary review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.”Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order at issue.
In the Interest Of: A. S. O., a Child (Father) · filed 2013-10-31(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6- 35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Here, the father filed his application 57 days after the juvenile court issued the order terminating his parental rights. We lack jurisdiction to consider an untimely application for discretionary appeal. See Hill, supra. Accordingly, this untimely application for appeal is DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
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, and the requirement is jurisdictional.
Carter v. Georgia Public Defender Standards Council · filed 2013-11-01(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order at issue.
In the Interest Of: J. R., a Child (Mother) · filed 2013-11-15(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6- 35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from.
Matthews v. State · filed 2013-11-20(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed, and a late application does not confer jurisdiction.
Daker v. State · filed 2013-11-26(d)
An application is timely if it is filed within 30 days of the entry of the order to be appealed. OCGA § 5-6-35 (d). For this Court to have jurisdiction, an application for discretionary appeal must be timely filed. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, the trial court entered the order to be appealed on August 8, 2013, but Daker did not file this application in the Supreme Court until 54 days later, on October 1, 2013. Thus, this application was not timely.Read the full opinion on CourtListener →
Section 5-6-35(b) requires a party seeking to appeal in this context to file an application for discretionary appeal with the appropriate appellate court.
McBride v. James E. Donald, Chairman · filed 2013-12-04(b)
Under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary appeal with the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35 requires a party in a qualifying prisoner civil action to seek an application for discretionary appeal rather than proceed by direct appeal.
Cobble v. Hunding · filed 2014-01-21
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Subsection (b) requires a party wishing to appeal to file an application for discretionary appeal with the appropriate appellate court.
Perry v. Chatham County, Georgia · filed 2014-01-28(b)
Under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary appeal with the appropriate appellate court, which Perry did.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary appeal application to be filed within 30 days of entry of the order being appealed.
Brown v. Careers USA · filed 2014-01-09(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed.Read the full opinion on CourtListener →
Section 5-6-35 requires a party wishing to appeal a qualifying civil action to file an application for discretionary appeal in the appropriate appellate court.
Biaso v. Jackson · filed 2014-02-07
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Biaso’s failure to file an application for discretionary appeal in this case deprives this Court of jurisdiction over this direct appeal.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and that deadline is jurisdictional.
Swain v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2014-02-10(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal a qualifying civil action to file an application for discretionary appeal in the appropriate appellate court.
Rice v. Edna Jackson, Mayor · filed 2014-02-18
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking an appeal covered by the statute to file an application for discretionary appeal with the appropriate appellate court.
Rice v. Al St. Lawrence, Warden · filed 2014-02-18
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
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.
Gooden v. Ellis · filed 2014-03-04(d)
An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga App 582 (420 SE2d 393) (1992). Here, Gooden filed her application nearly six years after the trial court’s order was entered. Accordingly, the application is untimely and must be dismissed for lack of jurisdiction.Read the full opinion on CourtListener →
An application for discretionary appeal is timely only if filed within 30 days after the order being appealed is entered.
Velez v. State · filed 2014-03-05(d)
An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. ... Thus, Velez had to file his application within 30 days of the November 26, 2013 orders.Read the full opinion on CourtListener →
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 certiorari or de novo proceedings.
Jxz, Inc. D/B/A Bobo Gardens Asian Cuisine v. Richard A. Carothers in His Official Capacity as Hearing Officer for the C · filed 2014-03-27(a)(1)
Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior courts reviewing decisions of . . . local administrative agencies . . . by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the entry of the order or judgment to be appealed.
McDougler v. State · filed 2014-04-04(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order on appeal, and the statute's requirements are jurisdictional.
In Re: Estate of Sharon Sylvester Young · filed 2014-04-08(d)
An application for discretionary appeal must be filed within 30 days of the order on appeal. 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.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order appealed from, and the statute's requirements are jurisdictional.
Terry v. State · filed 2014-05-06(d)
Pursuant to OCGA § 5-6-35 (d), an application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. The requirements of OCGA § 5-6-35 are jurisdictional, and we cannot accept an application not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Jackson v. Lehern McGovern Bovis, Inc. · filed 2014-05-07(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, however, Jackson filed this application more than four years after the order he seeks to appeal. Moreover, Jackson has already attempted to appeal the same order. See Case Number A10D0361. We dismissed that application as untimely. This application is also untimely and is therefore DISMISSED.Read the full opinion on CourtListener →
An application for discretionary appeal must be filed within 30 days after entry of the order or judgment, and the statute's requirements are jurisdictional.
Nelson v. State · filed 2014-05-13(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and missing that deadline deprives the appellate court of jurisdiction.
Coherd v. Lucado · filed 2014-06-04(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
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.
Lacasidon v. State · filed 2014-06-10(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.
Huey v. the State of Georgia · filed 2014-06-11(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment, and compliance is jurisdictional.
Tucker v. the State of Georgia · filed 2014-07-03(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires an application for discretionary appeal from a probation-revocation order to be filed within the statutory deadline, and the court cannot create an equitable exception to that jurisdictional requirement.
Matthews v. State · filed 2014-07-08
On June 3, 2014, the Glynn County Superior Court issued three orders revoking appellant’s probation. Thus, pursuant to OCGA § 5-6-35, appellant was required to file an application for discretionary appeal by July 3, 2014. However, appellant failed to meet this deadline and did not move this Court for an extension of time to file until July 7, 2014. The Supreme Court of Georgia has recently held that even appellate courts “have no authority to create equitable exceptions to jurisdictional requirements imposed by statute.” Gable v. State, 290 Ga. 81, 85 (720 SE2d 170) (2011). Accordingly, appellant’s motion for an extension of time in which to file his discretionary application is DENIED.Read the full opinion on CourtListener →
Section 5-6-35 requires an application for discretionary review to be filed within 30 days after entry of the order to be appealed.
Nierderer v. Guarnieri · filed 2014-07-24(d), (j)
Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Because Nierderer did not file his application until 32 days after the trial court’s order, it is untimely. Accordingly, this application is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment appealed from, and missing that deadline deprives the appellate court of jurisdiction.
Lacasidon v. State · filed 2014-07-31(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order to be appealed.
Riley v. State · filed 2014-07-31(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed.
Marquise Robbins v. Carter · filed 2014-09-10(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires an application for discretionary review to be filed within 30 days of entry of the order to be appealed.
Query v. State · filed 2014-09-10(d) & (j)
And, ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35 requires a party appealing a qualifying civil action to file an application for discretionary appeal in the appropriate appellate court.
Eddie Green v. Richards · filed 2014-09-10
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
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, and missing that deadline deprives the appellate court of jurisdiction.
In the Interest Of: D. R. H. and J. R. H., Children (Mother) · filed 2014-10-02(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal a covered civil action to file an application for discretionary appeal in the appropriate appellate court.
Dixon v. Georgia Department of Corrections · filed 2014-10-09
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35(d) generally requires a discretionary-appeal application to be filed within 30 days, but the governing appellate deadline depends on the appeal's underlying subject matter.
Murray v. Federal National Mortgage Association · filed 2014-10-17(d)
Generally, 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). But the underlying subject matter of an appeal controls over the relief sought in determining the proper appellate procedure. See Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). The underlying subject matter of this discretionary application is a dispossessory judgment. OCGA § 44-7-56, which governs dispossessory actions, requires that an appeal from a dispossessory ruling be filed within seven days of the date judgment was entered.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after the order appealed from.
Scott v. Res-Ga Two, LLC. · filed 2014-10-29(d)
An application for discretionary appeal must be filed within 30 days of the order appealed from. OCGA § 5-6-35 (d). Because this application is untimely, we lack jurisdiction to consider it, and it is therefore DISMISSED.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of the order, decision or judgment being appealed, and the statute's requirements are jurisdictional.
Scott v. State · filed 2014-11-19(d)
An application for discretionary appeal must be filed within 30 days of the date of the order, decision or judgment sought to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Subsection (j) gives the appellate court jurisdiction when a party files an application for discretionary appeal, regardless of whether the party was also entitled to use the direct-appeal procedure.
MURPHY Et Al. v. MURPHY · filed 2014-11-19(j)
Because they filed an application for discretionary appeal, we have jurisdiction regardless of whether or not they were entitled to follow the direct appeal procedure. OCGA § 5-6-35 (j). So we do not decide if they were so entitled, and we deny John Murphy’s motion to dismiss the appeal.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Michaud v. Tommy C. Chambers · filed 2014-09-10(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed.Read the full opinion on CourtListener →
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, and missing that deadline deprives the appellate court of jurisdiction.
Usman v. Smith · filed 2014-12-25(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Gregory v. J. Stephen Schuster, Judge · filed 2014-12-25(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order to be appealed.Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary appeal application to be filed within 30 days after entry of the order being appealed, with the filing period calculated from that entry date.
McClure v. McCurry · filed 2014-12-25(a), (d)
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). The filing date of an application for discretionary appeal is calculated from the date of entry of the order sought to be appealed. See OCGA § 5-6-35 (a).Read the full opinion on CourtListener →
Appeals from orders denying motions to set aside under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal.
Burkhalter v. Res-Al One, LLC · filed 2015-02-05(a)(8)
First, appeals from orders denying motions to set aside under OCGA § 9-11-60 (d) must be made by application for discretionary appeal. OCGA § 5-6-35 (a) (8).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order being appealed.
Flexstaff Services v. Johnson · filed 2015-02-05(d)
An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order being appealed.
Arlanda Arnay Smith v. Mark Butler, Commissioner, Georgia Department of Labor · filed 2015-02-18(d)
First of all, to be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and that filing deadline is jurisdictional.
Falls-Miller v. Savannah-Chatham County Board of Education · filed 2015-03-03(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking an appeal covered by the statute to file an application for discretionary appeal in the appropriate appellate court.
Davenport v. Rick Jacobs · filed 2015-03-20
Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6-35.” And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the superior court’s order.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal a covered civil action to file an application for discretionary appeal with the appropriate appellate court.
Arrington v. Patricia Hirsch, Deputy Warden · filed 2015-04-10
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of the entry of the order or judgment, and the filing requirements are jurisdictional.
James v. State · filed 2015-04-10(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal in a covered civil case to file an application for discretionary appeal rather than taking a direct appeal.
Frilando v. Lewis · filed 2015-04-10
Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6-35.” And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the trial court’s order.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order appealed from.
In the Interest Of: K. A. and A. A., Children (Mother) · filed 2015-04-10(d)
To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking an appeal in a covered civil case to file an application for discretionary appeal with the appropriate appellate court.
Clark v. the Corporation of Wilcox County · filed 2015-05-05
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary appeal application to be filed within 30 days after entry of the order appealed from, and the filing period is not extended by the three-day service rule in § 9-11-6(e).
Rosenhaft v. Rbs Citizens, N.A. · filed 2015-05-11(a), (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 filing date of an application for discretionary appeal is calculated from the date of entry of the order sought to be appealed. See OCGA § 5-6-35 (a). ... Thus, OCGA § 9-11-6 (e), which applies only in cases where the prescribed filing time commences to run after the service of some type of notice or document upon the party seeking to appeal, does not apply to extend the time requirement for filing an application for discretionary appeal under OCGA § 5-6-35.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of an appealable order, and an untimely application deprives the Court of Appeals of jurisdiction.
Fedd v. State · filed 2015-05-20(d)
First, to be valid, an application for discretionary appeal must be filed within 30 days after the entry of an appealable order, and this Court lacks jurisdiction to consider an untimely application. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35(a)(1) requires an application for an appeal from a superior court decision reviewing a State Board of Workers’ Compensation decision, and compliance with that discretionary-appeal procedure is jurisdictional.
Hawkins v. Trc Staffing, Inc. · filed 2015-05-20(a)(1)
“[A]ppeals from decisions of the superior courts reviewing decisions of the State Board of Workers’ Compensation” require an application for appeal. Compliance with the discretionary appeal procedure is jurisdictional. See OCGA § 5-6-35 (a) (1); Adivari v. Sears, 221 Ga. App. 279 (471 SE2d 59) (1996).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days, and timeliness is a jurisdictional requirement.
Rhodes v. State · filed 2015-05-20(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.2 See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Accordingly, Rhodes’s application is hereby DISMISSED.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment being appealed.
Marquise Robbins v. Department of Corrections · filed 2015-05-20(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A party’s failure to meet this statutory deadline deprives us of jurisdiction to consider the application.Read the full opinion on CourtListener →
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, and that deadline is jurisdictional.
McGuire v. State · filed 2015-05-20(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). ... The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary appeal application to be filed within 30 days, and makes that deadline jurisdictional.
Taylor v. Brian Owens, Commissioner · filed 2015-05-20(d)
An application for discretionary appeal must be filed within 30 days of the 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.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the appealable order, and an untimely application is beyond the Court of Appeals' jurisdiction.
Lowrey v. State · filed 2015-05-20(d)
To be valid, an application for discretionary appeal must be filed within 30 days after the entry of the appealable order, and this Court lacks jurisdiction to consider an untimely application. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal in this context to file an application for discretionary appeal rather than taking a direct appeal.
Kerlin v. Carter Brown · filed 2015-06-22
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the superior court’s order.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and makes that deadline jurisdictional.
In the Interest Of: B. E. Q. T., a Child (Father) · filed 2015-06-22(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.Read the full opinion on CourtListener →
Section 5-6-35 requires a party wishing to appeal to file an application for discretionary appeal with the appropriate appellate court.
Edenfield v. Seargent Reeves · filed 2015-06-22
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days of the order being appealed, and the deadline is jurisdictional.
Bishop v. Bellinger · filed 2015-07-08(d)
An application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary review to be filed within 30 days of the order appealed from, and the filing deadline is jurisdictional.
Bartlett v. Technology Insurance Co., A/K/A Amtrust · filed 2015-07-08(d)
An application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal in a covered civil case to file an application for discretionary appeal rather than taking a direct appeal.
Stokes v. the Geo Group, Inc. · filed 2015-07-08
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the superior court’s order.Read the full opinion on CourtListener →
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.
Wade Jr. v. State · filed 2015-08-10(d)
No provision of OCGA § 5-6-35 (a) applies here, and the order that Wade wishes to appeal was directly appealable. Ordinarily, when 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 or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582 (420 SE2d 393) (1992). Wade, however, filed this application 14 years after entry of the order at issue here. Accordingly, the application is untimely, and it is therefore DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment to be appealed.
In the Interest Of D. S., T. D., C. S., Children (Mother) · filed 2015-08-10(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Bandy v. Mark Butler, Commissioner of Labor · filed 2015-08-27(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d). Bandy seeks to appeal the trial court’s order of March 2, 2015, affirming the decision of the Department of Labor’s Board of Review. Thus, he was required to file his application within 30 days of that ruling. Because Bandy did not file his application until 162 days later on August 11, 2015, it is untimely.Read the full opinion on CourtListener →
Section 5-6-35 requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.
Dobson v. Sinclair Oconee Realty Inc. · filed 2015-09-21(d)
An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.
Giles v. State · filed 2015-09-21(d)
An application for discretionary appeal must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary-appeal application to be filed within 30 days after entry of the appealable order; an untimely application deprives the Court of Appeals of jurisdiction.
In the Interest Of: M. K., a Child (Father) · filed 2015-09-21(d)
To be valid, an application for discretionary appeal must be filed within 30 days after the entry of the appealable order, and this Court lacks jurisdiction to consider an untimely application. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the challenged order, decision, or judgment.
In the Interest Of: K.D.F. and K.F.F. Minor Children (Mother) · filed 2015-09-21(d)
An application for discretionary appeal must be filed “within 30 days of the entry of the order, decision, or judgment complained of.” OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days of entry of the challenged order, decision, or judgment.
In the Interest Of: J.M., S.G., M.G., T.G., C.M., and A.M., Children (Mother) · filed 2015-09-21(d)
An application for discretionary appeal must be filed “within 30 days of the entry of the order, decision, or judgment complained of.” OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Section 5-6-35(a)(6) requires an application for discretionary appeal in damages actions with judgments of $10,000 or less, and subsection (a)(1) requires discretionary-appeal procedures for a de novo appeal from a magistrate court decision.
Eddie Gentry v. Hines · filed 2015-09-21(a)(6); (a)(1)
First, OCGA § 5-6-35 (a) (6) requires the filing of an application for discretionary appeal “in all actions for damages in which the judgment is $10,000.00 or less.” See Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Second, because the order at issue disposes of a de novo appeal from a magistrate court decision, OCGA § 5-6-35 (a) (1) also required Gentry to follow the discretionary appeal procedures. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).Read the full opinion on CourtListener →
Subsections (d) and (j) require a discretionary-appeal application to be filed within 30 days after entry of the order sought to be appealed.
Duane E. Blocker, Sr. v. State · filed 2015-09-21(d) and (j)
Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d) & (j); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the requirement is jurisdictional.
Daniel v. State · filed 2015-10-22(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and that deadline is jurisdictional.
Watson v. State · filed 2015-11-23(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept a discretionary application that does not comply with the statute.Read the full opinion on CourtListener →
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.
Wolfe v. Amber Gault · filed 2015-11-23(d)
To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary review to be filed within 30 days of the ruling being challenged.
Snuggs v. Rose · filed 2015-12-11(d)
Thus, to the extent Snuggs may be seeking review of the August order dismissing her complaint, her application is untimely because it was not filed within 30 days of that ruling. See OCGA § 5-6-35 (d).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and compliance with the statute is jurisdictional.
Malmquist v. Competence Staffing Resource, Inc. · filed 2015-12-11(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Leeper v. State · filed 2016-01-25(d)
An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
Section 5-6-35(b) requires a party seeking review in a covered civil case to file an application for discretionary appeal with the appropriate appellate court.
Brown v. Superior Court Judges of Georgia · filed 2016-03-11(b)
Under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary appeal with the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider a direct appeal from the trial court's order.Read the full opinion on CourtListener →
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.
Doud v. Federal National Mortgage Association · filed 2016-04-04(a)(1)
First, “appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings shall be by application for discretionary appeal.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also OCGA § 5-6-35 (a) (1).Read the full opinion on CourtListener →
Section 5-6-35 requires a party seeking to appeal a covered civil action to file an application for discretionary appeal in the appropriate appellate court.
Thornton v. Vance Laughlin, Warden · filed 2016-04-04
And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Subsection (d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment being appealed.
Xtreme Moving & Storage C/O Four Point Hr v. Lowe · filed 2016-05-10(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. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Thus, Xtreme Moving had to file its application within 30 days of March 16, 2016, the date that the Board’s decision was affirmed by operation of law. Its application, filed five days late on April 20, 2016, is untimely.Read the full opinion on CourtListener →
Section 5-6-35 requires a party wishing to appeal to file an application for discretionary appeal to the appropriate appellate court.
Jackson v. Dekalb Medical Center · filed 2016-05-19
Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court.Read the full opinion on CourtListener →
Subsection (d) requires an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.
Breman Bowden Investment Company v. Cox · filed 2016-06-15(d)
An application is timely if it is filed within 30 days of the entry of the order the applicant seeks to appeal. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).Read the full opinion on CourtListener →
For an interlocutory discretionary appeal, the application must identify the order or judgment and state why interlocutory appellate review is needed.
Eidson v. Croutch · filed 2016-06-23(b)
Eidson did not obtain a certificate of immediate review in the trial court, nor did he set forth in his application the need for interlocutory appellate review. See OCGA § 5-6-35 (b) (“The application shall specify the order or judgment being appealed and, if the order or judgment is interlocutory, the application shall set forth, in addition to the enumeration of errors to be urged, the need for interlocutory appellate review.”).Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment and makes that deadline jurisdictional.
Kelly v. State · filed 2016-06-23(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). This filing deadline is jurisdictional, and this Court is unable to accept an untimely application. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012).Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment being appealed, and provides the discretionary-review route for a directly appealable order under subsection (j).
In the Interest Of: L. G. and H. G., Children · filed 2016-06-10(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). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed.Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.
In the Interest Of: T. S. and K. N. S., Children (Father) · filed 2016-07-18(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application.Read the full opinion on CourtListener →
Section 5-6-35(d) requires a discretionary appeal application to be filed within 30 days after entry of the order or judgment, and the deadline is jurisdictional.
Earl v. Parrish v. State · filed 2016-08-25(d)
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days.Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary-review application to be filed within 30 days of the order appealed from, and its requirements are jurisdictional.
Yang v. State · filed 2016-09-09(d), (j)
Ordinarily, if a party applies for discretionary review of a directly appealable order - such as an order denying a timely motion for sentence modification - we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (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 of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989).Read the full opinion on CourtListener →
Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days of entry of the order or judgment being appealed.
Ferreira v. State · filed 2016-09-09(d)
An application must be filed within 30 days of entry of the order or judgment sought to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). Ferreira filed his application in Case No. A17D0034 38 days after entry of the order he seeks to appeal. In addition, the application in Case No. A17D0034 is superfluous, as it seeks to challenge the same order at issue in Case No. A17D0033. For these reasons, the application in Case No. A17D0034 is DISMISSED.Read the full opinion on CourtListener →
Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order or judgment being appealed, and makes that filing requirement jurisdictional.
Hayes v. State · filed 2016-09-14(d)
Ordinarily, when 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 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).Read the full opinion on CourtListener →
Section 5-6-35(a)(1) requires an application for discretionary appeal when the superior court reviews a lower court decision by certiorari or de novo proceedings.
Jones v. King-Hurst · filed 2016-09-14(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.” Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003) (punctuation omitted); see also OCGA § 5-6-35 (a) (1). Because Jones did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Notes 451–600 of 4,287, oldest cases first.
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