Ga. Code Ann. § 5-6-35

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

Manaois v. State · filed 2016-08-10(d)

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

An application for discretionary review of a directly appealable order must be filed within 30 days after the order is entered, and the deadline is jurisdictional.

Edwards v. State · filed 2016-10-25(d), (j)

Ordinarily, if a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed.

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

Tselios v. Two Jimmy's Construction, LLC · filed 2016-10-25(b)

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

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

Baughcum v. State · filed 2016-10-25(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, 582-583 (420 SE2d 393) (1992). Because Baughcum filed his application 89 days after the trial court entered its order, it is untimely.

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

In Re: The Estate of Betty Moyer Hogg · filed 2016-10-25(d)

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

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

Jackson v. State · filed 2016-11-21(d)

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

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

Jaydrekus Cartez Hart v. State · filed 2016-11-21(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). We are unable to consider an untimely application. See Hill, supra. Here, Hart filed his application 82 days after the trial court’s orders were entered. Accordingly, the application is hereby DISMISSED for lack of jurisdiction.

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.

Paul Penn, Jr. v. Penny Mac Corporation · filed 2016-12-07(a)(1)

Second, Penn failed to file an application for discretionary appeal as required. “[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 the superior court reviews a lower court decision by certiorari or de novo proceeding.

Odolph Wright v. Gateway of East Point Lp · filed 2016-12-07(a)(1)

First, Wright failed to file an application for discretionary appeal as required. “[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 Wright did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal.

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.

Amber Sigafoose v. Cobb · filed 2016-12-07(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, 582 (420 SE2d 393) (1992).

Section 5-6-35 requires a discretionary-appeal application to be filed within 30 days after entry of the order to be appealed, and an untimely application is dismissed for lack of jurisdiction.

Creighton v. State · filed 2016-12-28(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). Here, Creighton filed his application 42 days after entry of the order he seeks to appeal, and it is thus untimely. Accordingly, the application is hereby DISMISSED for lack of jurisdiction.

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.

New v. State · filed 2017-02-22(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 made beyond 30 days.

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

French v. State · filed 2017-03-15(d)

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

Section 5-6-35(d) requires a discretionary application to be filed within 30 days after the order or judgment being challenged is entered.

Odion v. Varon · filed 2017-03-16(d)

Moreover, although Odion sought to join in the case below, his motion was denied in July 2014, and he failed to timely appeal from that decision. To be timely, an appeal or application must be filed within 30 days of the entry of the order or judgment to be appealed. OCGA §§ 5-6-35 (d); 5-6-38 (a).

Subsection (d) requires a discretionary-appeal application to be filed within 30 days after entry of the order appealed from, and an untimely motion for new trial does not toll that period.

Self v. Serrato · filed 2017-04-11(d)

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). For this Court to have jurisdiction, an application for discretionary appeal must be timely filed. ... Although a motion for new trial may extend the time in which appellate relief may be sought, it must be filed within 30 days of the entry of judgment. OCGA §§ 5-5-40 (a); 5-6-35 (d). An untimely motion for a new trial is void and does not toll the time for filing 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, and the deadline is jurisdictional.

Smith v. Christian · filed 2017-05-17(d)

An application for discretionary appeal must be filed within 30 days of the entry of the order 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 made beyond 30 days. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a party in a covered civil appeal to seek review by filing an application for discretionary appeal rather than taking a direct appeal.

Jones v. State · filed 2017-05-17

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

Section 5-6-35(d) generally allows 30 days to file an application for discretionary appeal, but a dispossessory judgment is subject to the shorter seven-day deadline.

Lelitia Lane v. U.S. Bank,na · filed 2017-06-08(d)

Generally, an application for discretionary appeal may be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). The underlying subject matter of an appeal, however, 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 here is a dispossessory judgment. Under OCGA § 44-7-56, an appeal from a dispossessory judgment must be filed within 7 days of the date the judgment was entered. See Ray M. Wright, Inc. v. Jones, 239 Ga. App. 521, 522-523 (521 SE2d 456) (1999). Here, Lane’s application for discretionary appeal was filed 49 days after the superior court’s order.

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

Coleman v. Grami · filed 2017-09-15(d)

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

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

Burden v. State · filed 2017-10-11(d)

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

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

Frederick v. Georgia Department of Corrections · filed 2017-10-20(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.

Section 5-6-35(d) ordinarily allows 30 days to file a discretionary-appeal application, but the deadline governing the underlying type of appeal controls when it provides a different period.

Tennyson v. Woodlake Club Apts. · filed 2017-10-20(d)

Moreover, ordinarily, an application for discretionary appeal may be filed within 30 days of entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d). The underlying subject matter of an appeal, however, controls in determining the proper appellate procedure. ... The underlying subject matter here is a dispossessory judgment. Under OCGA § 44-7-56, an appeal from a dispossessory judgment must be filed within seven days of the date the judgment was entered.

Subsection (a)(1) requires an application for discretionary appeal when a superior court reviews a lower court decision by certiorari or de novo proceeding.

Clements v. Pnc Bank National Association · filed 2017-12-19(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 Clements did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(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.

Rusch v. State · filed 2018-01-09(d)

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

Section 5-6-35(d) requires a discretionary-appeal application to be filed within 30 days after entry of the order, and subsection (j) permits the court to grant an application seeking review of a directly appealable order.

Carter v. State · filed 2018-02-20(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.

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

MERIAM SMITH v. WRI CAPITAL GROUP, LLC A/A/F RESIDENTIAL CAPITAL MANAGEMENT FUND 1, LP · filed 2018-04-20(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 Smith did not follow the proper procedure for requesting appellate review in this case, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

Visionary Learning Academy, Inc. v. Bright From the Start Georgia Department of Early Care and Learning · filed 2018-05-11(d)

Pursuant to OCGA § 5-6-35 (d), VLA’s application was due on May 10. Although VLA filed a motion for reconsideration of the superior court’s order (which was denied on May 10), the filing of such a motion does not toll the time for filing a discretionary application. In the Interest of A. R. B., 209 Ga. App. 324, 325 (1) (433 SE2d 411) (1993). To be timely, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.

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

Shanahan v. Shanahan · filed 2018-07-19(d)

The husband’s application is untimely. 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) ordinarily requires a discretionary-appeal application within 30 days, but the appeal's underlying subject matter can make a different, subject-specific deadline control.

Long-Hatef v. U.S. Bank, Na, as Trustee · filed 2018-08-13(d)

Moreover, ordinarily, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). ... The underlying subject matter of an appeal, however, controls over the relief sought in determining the proper appellate procedure. ... The underlying subject matter here is a dispossessory action. OCGA § 44-7-56 provides that an appeal from any dispossessory judgment must be filed within seven days of the date the judgment was entered.

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 that deadline is jurisdictional.

Gonzalez-Melgar v. State · filed 2018-08-17(d)

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

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

Starnes v. State · filed 2018-08-27(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, 582 (420 SE2d 393) (1992). But Starnes filed his application 127 days after entry of the revocation order. Accordingly, this application is untimely, and it is hereby DISMISSED.

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

JOSEPH a COLEMAN, JR. v. PRETIUM MORTGAGE ACQUISITION TRUST · filed 2018-08-27(d)

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

Section 5-6-35 requires a party seeking an appeal covered by the statute to file an application for discretionary appeal with the appropriate appellate court.

Acree v. Williams · filed 2018-10-19

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

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

Carbon v. P Fin 11, LLC · filed 2018-11-01(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 Carbon did not follow the proper procedure for obtaining appellate review, we lack jurisdiction.

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.

Gatlin v. Federal National Mortgage Association · filed 2018-11-01(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 Gatlin did not follow the proper procedure for requesting appellate review, we lack jurisdiction. Accordingly, this appeal is hereby DISMISSED.

An application for discretionary appeal must be filed within 30 days after the order or judgment being appealed, and the filing requirement is jurisdictional.

Anton J. Smith v. State · filed 2018-11-01(d)

To be timely, an application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Because Smith did not file his application until 39 days after the entry of the order he seeks to appeal, his appeal is untimely.

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

Moura v. Lamar · filed 2018-11-23(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 an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Hill v. State · filed 2018-11-23(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 an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

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

Assuming, for the sake of argument, that Coleman has a right to file a discretionary application,2 he was required to file such application within 30 days of the order he seeks to appeal. See OCGA § 5-6-35 (d). Here, Coleman filed his application for discretionary appeal 211 days after entry of the order he seeks to appeal.

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

Williams v. Bryson · filed 2018-12-19(d)

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

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

Mays v. State · filed 2018-12-27(d), (j)

Ordinarily, we will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d), (j).

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

Porter v. State · filed 2019-01-10(d)

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

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

Joyner v. State · filed 2019-01-14(d), (j)

Ordinarily, we will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). 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). Here, Joyner filed his application 87 days after the entry of the order he seeks to appeal and it is thus untimely.

Subsection (d) requires an application for discretionary appeal to be filed timely.

Ellington v. Vendor Resource Management · filed 2019-02-11(d)

If this Court were to consider today’s filing as an application for discretionary appeal from the Fulton County Superior Court’s summary judgment order of September 19, 2018, it is not timely filed pursuant to OCGA § 5-6-35 (d).

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 compliance is jurisdictional.

Stephens v. State · filed 2014-11-19(d)

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

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.

Usman v. Smith · filed 2014-11-19

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

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.

Rose v. State · filed 2015-07-23(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 an application for appeal not made in compliance therewith.

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

Carlton v. State · filed 2015-12-11(d)

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

Section 5-6-35 requires a party seeking to appeal a covered civil case to file an application for discretionary appeal in the appropriate appellate court; it does not provide a right of direct appeal.

Lee v. Alexander · filed 2017-07-04

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.

Subsection (d) requires a discretionary application for review to be filed within 30 days after entry of the judgment being appealed.

Payne v. Franklin Payne, Jr. · filed 2017-07-04(d)

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

Section 5-6-35(b) requires a party seeking to appeal in this context to file an application for discretionary appeal with the appropriate appellate court.

Williams v. Wallace · filed 2017-07-04(b)

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

Section 5-6-35(a)(6) requires an application for discretionary appeal in all actions for damages in which the judgment is $10,000.00 or less, and section 5-6-35(a)(1) requires one from an order of the superior court disposing of a de novo appeal from a magistrate court decision.

MADDOX v. RAZOR CAPITAL, LLC AS ASSIGNEE OF GUARANTY BANK D/B/A BEST BANK · filed 2017-07-04(a)(6) and (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.” Jennings v. Moss, 235 Ga. App. 357 (509 SE2d 655) (1998). Second, OCGA § 5-6-35 (a) (1) requires an application for discretionary appeal from an order of the superior court disposing of a de novo appeal from a magistrate court decision. See English v. Delbridge, 216 Ga. App. 366, 367 (454 SE2d 175) (1995).

Section 5-6-35(d) requires an application for discretionary appeal to be filed within 30 days after entry of the appealable order; an untimely application deprives the appellate court of jurisdiction.

Frederick v. State · filed 2017-11-14(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, 583 (420 SE2d 393) (1992).

Subsection (b) requires a party seeking an appeal in a covered civil case to file an application for discretionary appeal with the appropriate appellate court.

King v. Georgia Department of Corrections · filed 2017-11-14(b)

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

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

Goodman v. State · filed 2019-04-11(d)

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

Subsection (a)(8) requires an application for discretionary appeal to challenge an order on a motion to set aside.

Gale E. Chambers v. Royalty, LLC · filed 2019-04-11(a)(8)

To the extent the filing may be considered a motion to set aside under OCGA § 9-11-60 (d), Chambers was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (8).

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

Shelton v. State · filed 2019-05-21(d)

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

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

Campbell v. State · filed 2019-06-21(d)

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

Subsection (f) requires the Court of Appeals to grant or deny an application for discretionary appeal within 30 days after it is filed.

Holland v. Mark Butler, Labor Commissioner · filed 2019-06-21(f)

Under OCGA § 5-6-35 (f), this Court is required to issue an order granting or denying an application within 30 days of the date on which the application was filed.

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

Carson v. State · filed 2019-07-25(d)

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

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

Davis v. Clark · filed 2019-08-07

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 an application for discretionary appeal to be filed within 30 days after entry of the order being appealed.

The Mignott Law Group, LLC v. Gardiner · filed 2019-08-21(d)

First, an application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992).

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

Rick Mason v. Citizens Trust Bank · filed 2019-08-21(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).

Subsection (d) generally requires an application for discretionary appeal to be filed within 30 days, but the applicable appellate procedure may impose a different deadline based on the underlying subject matter.

Tinch v. Aash, LLC · filed 2019-08-21(d)

Ordinarily, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). The underlying subject matter of an appeal, however, controls over the relief sought in determining the proper appellate procedure. Rebich v. Miles, 264 Ga. 467, 467-468 (448 SE2d 192) (1994). The underlying subject matter here is a dispossessory action. OCGA § 44-7-56 provides that an appeal from any dispossessory judgment must be filed within seven days of the date the judgment was entered.

Subsection (d) requires a discretionary application to be filed within 30 days after the order being appealed is entered.

Auld v. Rosario · filed 2019-08-21(d)

Pursuant to OCGA § 5-6-35 (d), a discretionary application must be filed within 30 days of the entry of the order sought to be appealed.

Section 5-6-35(d) requires a discretionary application to be filed within 30 days after entry of the order to be appealed, and timely filing is necessary to confer appellate jurisdiction.

Treadway v. State · filed 2019-09-23(d)

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). The proper and timely filing of an application is an absolute requirement to confer appellate jurisdiction upon this Court.

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

Campbell v. Harry J. Altman, II · filed 2019-10-04(d)

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

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

Johnson v. State · filed 2019-10-25(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 not made in compliance therewith.

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

Camacho v. US Bank National Association · filed 2019-10-25(d), (j)

Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). However, to fall within this general rule the application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d), (j). Here, Camacho and Gomez filed this application 539 days after entry of the order granting summary judgment. The application is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.

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

Wymer v. State · filed 2019-12-04(d), (j)

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

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

Canty v. State · filed 2020-01-02(d)

To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Conner v. State · filed 2020-01-28(d)

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

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

Gordon v. Foxdale Realty, LLC · filed 2020-01-29(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.

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

Marquise Ali Robbins v. Dozier · filed 2020-03-13(d)

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

Section 5-6-35(a)(1) requires a discretionary appeal application for adjudicatory decisions, but not for legislative decisions such as a city’s annexation decision.

Cherokee County, Georgia v. City of Woodstock, Georgia · filed 2020-03-13(a)(1)

OCGA § 5-6-35 (a) (1) requires an application to appeal “from 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.” ... However, not all decisions made by a city council trigger the requirements of OCGA § 5-6-35 (a) (1). ... Although decisions that are adjudicatory in nature require compliance with the discretionary appeal statute, decisions that are legislative do not require compliance. ... Accordingly, the procedural requirements of OCGA § 5-6-35 are not implicated, and the trial court’s order may be appealed directly.

Subsections (d) and (j) require a discretionary appeal application to be filed within 30 days of the order to be appealed when the lower court’s order is subject to direct appeal.

Williams v. State · filed 2020-03-13(d), (j)

Ordinarily, we will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d), (j).

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

Mobuary v. State · filed 2020-04-09(d)

Generally, if a party applies for discretionary review of a directly appealable order, this Court grants the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). Here, Mobuary filed his untimely application 54 days after the trial court’s orders were entered. His application is therefore untimely and subject to dismissal.

Subsection (c) requires an application for discretionary appeal to include a copy of the order or judgment being appealed.

Maldonado v. State · filed 2020-07-17(c)

First, an application for discretionary appeal must include “a copy of the order or judgment being appealed.” OCGA § 5-6-35 (c); see also Court of Appeals Rule 31 (c).

Subsection (d) supplies the ordinary deadline for filing an application for discretionary appeal, which the court calculated as July 23, 2020.

In the Interest of K.B. · filed 2020-07-20(d)

Accordingly, Blake’s application for discretionary appeal would be due on July 23, 2020, without further instruction from this Court. See OCGA § 5-6-35 (d).

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

Alford v. State · filed 2020-07-21(d)

To fall within this general rule, however, the application must be filed within 30 days of entry of the order to be appealed. See OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582, 582 (420 SE2d 393) (1992). Here, Alford filed his application more than 75 days after the trial court’s orders were entered. His application is therefore untimely and subject to dismissal.

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

Cooper v. Keilwitz · filed 2020-10-21(d)

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

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

Mincey v. Lakeside Preserve Homeowners Association, Inc. · filed 2020-10-21(d)

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

Section 5-6-35(g) requires a notice of appeal to be filed within 10 days after entry of the order granting a discretionary application.

Borum v. State · filed 2020-10-27(g)

Under OCGA § 5-6-35 (g), a notice of appeal must be filed within 10 days after entry of the order granting a discretionary application.

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

Roseman v. T & W Services, Inc. · filed 2020-11-23(d)

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

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

Hicks v. Pissarro Wright · filed 2020-12-14(d)

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

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

Westbrook v. State · filed 2020-12-14(d)

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

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

Mays v. State · filed 2021-01-25(d)

An application for discretionary appeal must be filed within 30 days of entry of the order to be appealed. ... The order that Mays seeks to appeal in Case No. A21D0159 was entered on October 20, 2020, and he filed his application 59 days later on December 18, 2020. Thus, we lack jurisdiction to consider Case No. A21D0159.

Section 5-6-35 requires an application for discretionary review to be filed within 30 days of the judgment or order being appealed, and makes those requirements jurisdictional.

Ross v. State · filed 2021-01-25(d)

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

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

Ortiz v. State · filed 2021-03-16(d)

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

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

Jerry Lee Thomas, III v. City of Hinesville · filed 2022-04-27(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.

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.

Byrd v. State · filed 2022-08-22(d)

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

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

Gooden v. State · filed 2022-09-12(d)

Under OCGA § 5-6-35 (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.

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

Steinfeld v. Steinfeld · filed 2022-10-19(d)

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

Subsection (d) requires a discretionary-review application to be filed within 30 days after entry of the order or judgment appealed from.

Thornton v. State · filed 2022-11-03(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional; we cannot accept an application filed more than 30 days from the trial court’s ruling. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

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

Riley v. Graves-Fulgham · filed 2023-01-23(d)

First, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Compliance with the time requirements of OCGA § 5-6-35 is 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 with the Court of Appeals clerk within 30 days after the order is entered.

Akethomas v. Akethomas · filed 2023-03-02(d)

Under OCGA § 5-6-35 (d), an application for discretionary appeal “shall be filed with the clerk of . . . the Court of Appeals within 30 days of the entry of the order . . . .” Because the time allowed for the filing of an application for discretionary appeal is only 30 days from the date of entry of the order, this Court may grant an extension of time for only 30 days, as opposed to the plaintiff’s 45-day request.

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, and makes that deadline jurisdictional.

Daniel v. State · filed 2023-03-22(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional; we cannot accept an application filed more than 30 days from the trial court’s ruling.

Section 5-6-35 requires a party seeking to appeal in a covered civil case to file an application for discretionary appeal with the appropriate appellate court.

McGill v. State · filed 2023-03-27

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

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

In the Interest of C. L., Children (Mother) · filed 2023-04-14(d)

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

Section 5-6-35 requires a party seeking to appeal in a covered civil case to file an application for discretionary appeal.

Hargreaves v. State of Georgia · filed 2023-04-20

And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal.

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

Ebony Azizi Sylla v. Spencer R. Moore, Commissioner of Georgia Department of Driver Services · filed 2023-05-01(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional; we cannot accept an application filed more than 30 days from the trial court’s ruling.

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.

Kemp v. Lam · filed 2023-05-02(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 (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment appealed from.

In the Interest of J. L. C., Children (Mother) · filed 2023-05-19(d)

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

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

Snelson v. State · filed 2023-05-30(d)

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

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

Westbrook v. State · filed 2023-07-14(d)

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

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

In Re Demetrius Phillips v. Trimac Transportation Inc · filed 2023-07-24(d)

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

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

HAROLD B. MASON v. CARTER · filed 2023-08-15(d)

However, the application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d).

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

In the Interest of N. K., a Child (Parents) · filed 2023-10-27(d)

A notice of appeal or, when required, an application for discretionary appeal, must be filed within 30 days of entry of the decision or judgment complained of. ... The Fishers filed their application for discretionary appeal on September 28, 2023, 63 days after the July 27, 2023 entry of the order dismissing their notice of appeal. Thus, the application is untimely as to that order, and their subsequent motion for reconsideration did not extend the time to file an application.

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.

Postell v. State · filed 2023-11-02(d)

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

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

Babara v. Elliott · filed 2023-11-06(d)

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

Subsection (d) requires an application for discretionary review to be filed within 30 days of the order being appealed, and the filing deadline is jurisdictional.

Edwards v. Wayne Stewart Trucking Company · filed 2023-11-13(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.

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

Larose v. First American Home Warranty · filed 2023-11-15(d)

Ordinarily, an application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d). Here, LaRose filed this application 45 days after the entry of the September 1 order and 55 days after the entry of the August 22 order. Given that the application is untimely, we are without jurisdiction to consider it.

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

Nick Blankenship v. State · filed 2023-12-29(d)

To the extent that Blankenship seeks to appeal that order, his application is untimely, as it was filed more than three years late, pretermitting whether it otherwise would be directly appealable on the procedural posture of this case. See OCGA § 5-6-35 (d) (an application for discretionary review must be filed within 30 days of entry of the judgment or trial court order sought to be appealed); Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (the requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith).

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

Jones v. State · filed 2024-01-09(d)

To the extent that Jones’s filing may be construed as seeking discretionary review under OCGA § 5-6-35 (b), it was untimely filed 50 days after entry of the order he seeks to appeal.

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

Dan Bar Enasha F/K/A Dan Bogdan v. Bogdan · filed 2024-02-09(d)

Second, even if Enasha had been entitled to file a discretionary application from the December 18 order, a discretionary application must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d).

Section 5-6-35 (d) requires a discretionary appeal application to be filed within 30 days, and a proper timely motion for new trial can extend that deadline.

Christa Victoria Groover Weldon v. Groover · filed 2024-03-19(d)

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

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

Jasper Vance v. State of Georgia · filed 2024-03-28(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. See Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989).

Under subsection (d), an application for discretionary appeal must be filed within 30 days after entry of the order, decision, or judgment, and this deadline is jurisdictional.

Mitchell v. 2018-1 Ih Borrower Lp · filed 2024-04-04(d)

First, to be timely, a discretionary application must be filed within 30 days of the entry of the order, decision, or judgment sought to be appealed. OCGA § 5-6-35 (d). This statutory deadline is jurisdictional, and this Court cannot accept an application for appeal that fails to comply with the statute.

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

Jhon Leigh Properties, Inc. v. Davis · filed 2024-07-11(d)

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

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

BRYANT v. CHRISTINE S. BARKER · filed 2024-09-11(d)

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

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

Reynolds v. Reynolds · filed 2024-10-22(d)

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 34 days after entry of the order at issue, it is untimely and is hereby DISMISSED.

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

Francis v. Allstate Insurance Co. · filed 2024-10-24(d)

The application for a discretionary appeal must be filed within 30 days of the order being appealed. See OCGA § 5-6-35 (d).

Section 5-6-35(d) requires an application for discretionary review to be filed within 30 days, and compliance with section 5-6-35 is jurisdictional.

Darrisaw v. Coleman · filed 2024-10-28(d)

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

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

Krieg v. Krieg · filed 2024-10-28(d)

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

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

Elledge v. Klapp · filed 2024-12-02(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) requires an application for discretionary appeal when appealing a superior court decision reviewing a decision of a lower court.

Leonard v. Moore · filed 2024-12-26(a)(1)

Accordingly, Leonard was required to file an application for discretionary appeal in this Court. See OCGA § 5-6-35 (a) (1).

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

DOUGLAS BALL A/K/A HOWARD BALL v. AMERICAN EXPRESS NATIONAL BANK · filed 2025-01-09(a)(8), (b)

And to the extent that the motions may be construed as an OCGA § 9-11-60 (d) motion to set aside, an appeal from an order denying such a motion requires the filing of an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

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

Julius James Larry, IV v. State · filed 2025-01-14(d)

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

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

BURROUGHS v. BRADLEY HOUSE CONDOMINIUM ASSOCIATION, INC. · filed 2025-03-17(a)(8), (b)

Additionally, an appeal from an order denying an OCGA § 9-11-60 (d) motion to set aside requires the filing of an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Subsection (d) requires an application for discretionary review to be filed within 30 days after entry of the order or judgment to be appealed, and the requirements are jurisdictional.

Pitts v. Pitts · filed 2025-03-26(d)

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

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

Tillman v. State · filed 2025-03-27(d)

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

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

Yvetta D. Green v. United Community Bank · filed 2025-04-28(d)

To be timely, 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). Here, however, Green filed her application 39 days after the superior court’s order. The deadline for filing an application for discretionary review is jurisdictional, and this Court cannot accept an application not made in compliance with the relevant statute. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012).

Section 5-6-35 requires a discretionary appeal application to be filed within 30 days and makes that deadline jurisdictional.

Johnson v. Judge, Don W. Thompson, Lookout Mountain Judicial Circuit · filed 2025-04-29(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, 734 (380 SE2d 57) (1989).

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

Dunigan v. State · filed 2025-05-20(d)

To be timely, an application for discretionary appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). ... The deadline for filing an application for discretionary review is jurisdictional, and this Court cannot accept an application not made in compliance with the relevant statute.

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

Brumbelow v. City of Cedartown · filed 2025-05-20(d)

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

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

Progressive Express Insurance Company v. Mask · filed 2025-06-03(b)

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

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

Blake v. State · filed 2025-06-11(d)

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

Subsection (d) makes the deadline for filing an application for appellate review jurisdictional, so an appellate court cannot accept an untimely application.

In the Interest of E. D. B., Children (Father) · filed 2025-09-15(d)

The statutory deadline for filing an application for appellate review is jurisdictional, and this Court cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d).

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

Johnson v. Judge Don W. Thompson, Lookout Mountain Judicial Circuit · filed 2025-09-16(d)

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

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

Richard Carl Rowe, III v. State · filed 2025-10-02(d)

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). “The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith.” Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Here, Rowe’s application was filed 34 days after entry of the order he wishes to appeal. Thus, the application is untimely and is therefore DISMISSED.

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

Charles Jr v. the Georgia Department of Human Services, Ex. Rel., Azaria Reyna Charles · filed 2025-10-29(d)

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

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

Jennings v. State · filed 2025-12-04(d)

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

Subsection (d) requires a discretionary application to be filed within 30 days after the order being appealed, or, if a motion for new trial was filed, within 30 days after the order disposing of that motion.

Oriyomi v. Oriyomi · filed 2025-12-10(d)

See OCGA § 5-6-35(d) (a discretionary application must be filed within 30 days of entry of the order to be appealed, and when a motion for new trial has been filed, the application must be filed within 30 days of entry of the order disposing of the motion).

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

Knowles v. Knowles · filed 2026-02-11(d)

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

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

Wells v. Sterling Atlanta Apartments, LLC D/B/A Argento at the Bridges · filed 2026-03-02(a)(1)

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

Section 5-6-35(d) sets a 30-day deadline for filing a discretionary application, and failure to meet that deadline, even considering proper extensions, is jurisdictional.

Peter v. Howerton v. Shawn Howerton · filed 2026-03-16(d)

A failure to 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.

Section 5-6-35(a)(1) requires an application for discretionary appeal when litigation begins in magistrate court and reaches the superior court by petition for review.

Simpson v. Talton, LLC · filed 2026-03-23(a)(1)

First, under OCGA § 5-6-35 (a) (1), an application for discretionary appeal is required where litigation begins in magistrate court and reaches the superior court by petition for review.

A discretionary appeal application must be filed within 30 days after entry of the order to be appealed.

Barry v. Emory Johns Creek Hospital · filed 2026-05-11(d)

See OCGA § 5-6-35(d) (providing that a discretionary application must be filed within 30 days of entry of the order to be appealed).

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

Amber Evans v. Evans · filed 2026-05-13(d)

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

Subsection (d) requires a discretionary application to be filed within 30 days of entry of the order sought to be appealed.

Harling Jr v. Carter · filed 2026-06-08(d)

A discretionary application must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Here, Harling filed his discretionary application 98 days after entry of the trial court’s order. Under these circumstances, we lack jurisdiction to consider the application, which is hereby DISMISSED.