Ga. Code Ann. § 5-6-35

Subsection (a) does not require a discretionary application for an action in which a summary-judgment ruling is directly appealable and the case is outside the listed discretionary-appeal categories; under subsection (j), the Court grants a timely application when the lower-court order is subject to direct appeal.

Franchesa Favors v. Atlanta Independent School System · filed 2017-11-14(a), (j)

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

Section 5-6-35(a)(6) requires discretionary appellate review for actions for damages when the judgment is $10,000 or less, and subsection (a)(11) requires it for appeals from state court orders disposing of de novo appeals from magistrate court decisions.

Jones v. Goldman · filed 2019-08-21(a)(6), (a)(11)

First, an appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). ... Second, appeals in all actions for damages in which the judgment is $10,000.00 or less shall comply with the discretionary appeals procedure. OCGA § 5-6-35 (a) (6).

Section 5-6-35(j) directs the Court of Appeals to grant a timely discretionary-appeal application when the lower court’s order is subject to direct appeal.

Bernstein v. Howe · filed 2019-12-04(j)

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). Accordingly, this application is hereby GRANTED.

Section 5-6-35(a)(1) requires discretionary review for superior-court decisions reviewing administrative-agency decisions only when the agency decision is adjudicatory, not when it is executive or legislative.

BARROW v. RAFFENSPERGER (Two Cases) · filed 2020-05-14(a)(1)

We have explained, however, that OCGA § 5-6-35 (a) (1) applies only to administrative agency decisions that are “adjudicatory in nature, as opposed to executive or legislative.” ... This Court’s cases may not define with precision the parameters of an “adjudicatory” administrative decision, but it is clear to us that the decision at issue here was not adjudicatory in nature.

Section 5-6-35 (j) provides for granting a timely application for discretionary appeal when the lower court's order is subject to direct appeal.

E. Howard Carson, Jr v. Brown · filed 2020-05-22(j)

We will grant a timely-filed application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 (j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Flowers v. State · filed 2020-05-26(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely discretionary application if the lower court’s order is subject to direct appeal. Accordingly, this application is hereby GRANTED.

Section 5-6-35(j) provides that an otherwise timely discretionary-appeal application will be granted when the lower court's order is subject to direct appeal.

Harpo-Brown v. Public Storage · filed 2020-10-21(j)

This Court will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(c) requires a discretionary-appeal applicant to attach the order or judgment being appealed.

Ivey v. Tesfa Properties LLC · filed 2021-09-15(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[.]”

A timely application for discretionary appeal is granted when the lower court’s order is subject to direct appeal.

Gagliani v. State · filed 2021-11-19(j)

We will grant a timely filed application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) permits the Court of Appeals to grant a timely discretionary application when the trial court order is subject to direct appeal.

Isaac v. State Farm Fire and Casualty Company · filed 2021-12-10(j)

We will grant a timely discretionary application if the trial court’s order is subject to direct appeal.

Section 5-6-35(a)(1) and (a)(6) require an application for discretionary appeal when a superior court reviews a lower-court decision by certiorari or de novo proceedings and when the damages judgment is $10,000 or less.

BRYANT v. JAMES · filed 2021-12-16(a)(1), (a)(6)

Appeals from decisions of the superior courts reviewing decisions of lower courts by certiorari or de novo proceedings must be by application for discretionary appeal. ... Appeals of all actions for damages in which the judgment is $10,000.00 or less must also be by application for discretionary appeal.

Section 5-6-35(j) ordinarily permits the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal, although a separate application is superfluous when a direct appeal is already docketed.

Toray D. Porter v. State · filed 2022-04-07(j)

Ordinarily, we will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

A state-court ruling involving a de novo appeal from a magistrate-court decision requires the appellant to use the discretionary appeals procedure.

Yevette Freeman v. Mary Hall Freedom House, Inc. · filed 2022-05-04(a)(11)

When a state court ruling involves a de novo appeal from a magistrate court decision, an appellant is required to follow the discretionary appeals procedure.

Section 5-6-35 requires an application for discretionary appeal in actions for damages in which the judgment is $10,000.00 or less and for the denial of a motion to set aside under OCGA § 9-11-60 (d).

Smith v. Creekside Manor Homeowners' Association, Inc. · filed 2022-06-13(a)(6), (a)(8)

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, 357 (509 SE2d 655) (1998). Second, Smith’s motion to vacate was really one to set aside pursuant OCGA § 9-11-60 (d), and the denial of a motion under OCGA § 9-11-60 (d) must also be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

The discretionary-appeal statute does not govern when the trial court’s order is subject to direct appeal, and a timely discretionary-appeal application will be granted in that circumstance.

Reuven v. Griffin Spalding County Land Bank Authority · filed 2022-09-20(a), (j)

From the limited information included in the application materials,1 the trial court’s order appears to have resolved all pending issues in the case and no provision of the discretionary appeal statute, OCGA § 5-6-35 (a), appears to apply. The order, therefore, appears to be subject to direct appeal. ... We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) provides that a timely application for discretionary appeal will be granted when the lower court’s order is subject to direct appeal.

Trinity Property Consultants LLC v. Blankemeyer · filed 2022-10-03(j)

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). Accordingly, this application for discretionary appeal is hereby GRANTED.

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

MARY GIBSON, AS OF THE ESTATE OF WILLIAM CLINTON GIBSON v. LOWERY · filed 2023-01-09(a)(1), (b)

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

Section 5-6-35 requires a discretionary-appeal application for appeals from superior-court decisions reviewing lower-court decisions and for damages judgments of $10,000 or less.

Whipple v. Egm Construction Service, LLC · filed 2023-01-11(a)(1), (b), and (a)(6)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. ... Likewise, appeals in actions for damages in which the judgment is $10,000.00 or less must be brought by discretionary application.

Section 5-6-35(j) directs the court to grant an otherwise timely discretionary-appeal application when the lower court's order is subject to direct appeal.

In Re Sophornia Mary Pryor · filed 2023-02-06(j)

We will grant an otherwise timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35(j) permits the Court of Appeals to grant a timely discretionary appeal application when the lower court's order is subject to direct appeal.

Senn v. Bank of New York Mellon · filed 2023-05-22(j)

Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” It does not appear that any provision of OCGA § 5-6-35, the discretionary appeal statute, applies here. Rather, the trial court’s dismissal of the plaintiffs’ action may be appealed directly. 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). Accordingly, this application is hereby GRANTED.

Subsection (j) provides that a timely discretionary-appeal application will be granted when the lower court’s order is subject to direct appeal, and subsection (g) requires filing the notice of appeal within ten days after the order granting the application.

Porter v. State · filed 2023-07-06(j), (g)

This Court will grant a timely application for a discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, Porter’s application is hereby GRANTED. If he has not already done so, Porter shall have ten days from the date of this order to file a notice of appeal with the trial court. See OCGA § 5-6-35 (g).

Section 5-6-35 does not require discretionary review when the challenged order is directly appealable; the court may grant a timely application and gives the applicant ten days to file a notice of appeal.

Mignott v. Atlanta Volunteer Lawyers Foundation, Inc · filed 2023-07-19(a), (g), and (j)

No provision of the discretionary application statute applies to the order Mignott seeks to appeal. See OCGA § 5-6-35 (a). 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). ... Mignott shall have ten days from the date of this order to file a notice of appeal with the trial court if she has not already done so. See OCGA § 5-6-35 (g).

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

Hilliard v. Jackson · filed 2023-08-04(a)(11)

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

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

Neal-Andrews v. Ace Homes, LLC · filed 2023-08-08(a)(1), (b)

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

Section 5-6-35(a)(2) and (a)(8) require a party to seek discretionary review of divorce-related orders and orders denying a motion to set aside a final judgment, and compliance is jurisdictional.

Moss v. Monique R. Moss · filed 2023-09-07(a)(2), (a)(8)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 also must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires discretionary review for appeals from state-court orders disposing of de novo appeals from magistrate-court decisions and for damages judgments of $10,000 or less.

Stephens v. Fitch · filed 2024-02-01(a)(11), (a)(6), (b)

... First, an appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). Second, appeals in actions for damages in which the judgment is $10,000.00 or less likewise must be brought by discretionary application. OCGA § 5-6-35 (a) (6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). ...

The discretionary-appeal provisions do not apply when the lower court’s order is subject to direct appeal, and a timely application may be granted in that circumstance.

Goodwin v. State · filed 2024-05-08(a), (j)

It does not appear that any provision of OCGA § 5-6-35 (a), the discretionary appeal statute, applies here. We will grant a timely application for discretionary appeal if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 requires a discretionary-appeal application for appeals from orders denying motions to set aside under OCGA § 9-11-60 (d) and for appeals in domestic relations cases, including family-violence matters.

Pompey v. Murray · filed 2024-08-05(a)(2), (a)(8), (b)

First, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta v. Adamson, 283 Ga. App. 116, 116-117 (640 SE2d 688) (2006). Second, appeals of orders in domestic relations cases, including those that involve family violence,1 must also be taken by application for discretionary appeal. See OCGA § 5-6-35 (a) (2), (b); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999), disapproved on other grounds by Gilliam v. State, 312 Ga. 60, 64 (860 SE2d 543) (2021).

Subsection (j) provides that a timely discretionary application should be granted when the lower court’s order is subject to direct appeal.

Crosswhite v. Yake · filed 2024-08-27(j)

We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (j) does not authorize granting a discretionary application as a direct appeal when the collateral-order doctrine does not make the challenged non-final order directly appealable.

Murray v. Lowe · filed 2024-11-06(j)

Murray is thus not entitled to a direct appeal under the collateral order doctrine. Accordingly, this application for discretionary appeal is not subject to a grant as a direct appeal under OCGA § 5-6-35 (j).

Section 5-6-35 (a) (1) requires a discretionary-appeal application when litigation begins in magistrate court and reaches superior court by petition for review, but does not apply when the case was transferred from magistrate court.

Streeter v. True North Property · filed 2025-03-19(a)(1)

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. See OCGA § 5-6-35 (a) (1). But this provision applies, by its terms, only to appeals from decisions of the superior court reviewing decisions of lower courts by petition for review. Here, the trial court’s order indicates that case was transferred from magistrate court. Thus, OCGA § 5-6-35 (a) (1) does not apply.

Section 5-6-35 (j) requires the Court of Appeals to grant a timely discretionary-review application when the lower court's order is subject to direct appeal.

Daniels v. City of Atlanta · filed 2025-04-25(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Subsection (j) provides that the Court of Appeals will grant a timely application for discretionary review when the lower court’s order is subject to direct appeal.

Loganville Pediatrics and Adolescent Care Associates Corp. v. Vmm, LLC · filed 2025-04-25(j)

And under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Section 5-6-35 requires an application for discretionary review for appeals from superior-court decisions reviewing lower-court decisions and for damages actions with judgments of $10,000 or less.

Rahim v. Jones · filed 2025-04-29(a)(1), (a)(6), (b)

Appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review. ... And appeals in actions for damages in which the judgment is $10,000 or less likewise require an application for discretionary review.

Section 5-6-35 (j) requires the Court of Appeals to grant a timely discretionary application when the lower court’s order is subject to direct appeal.

Brown v. Hortman · filed 2025-01-16(j)

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). Accordingly, this application is hereby GRANTED.

Section 5-6-35 (a) (2) requires appeals from divorce and other domestic-relations judgments to proceed by discretionary application, and subsection (a) (8) imposes the same requirement on denials of motions to set aside final judgments.

Matas v. Elder · filed 2025-07-07(a)(2) and (a)(8)

First, appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2). Second, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 (d) also must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006).

Section 5-6-35 does not require a defendant to file an application for discretionary review to obtain appellate review of a dismissal of a motion for an out-of-time appeal, and subsection (j) provides for granting a timely application when the lower court’s order is subject to direct appeal.

Rice v. State · filed 2025-07-22(j)

Notably, neither OCGA § 5-6-39.1 nor the discretionary appeals statute, OCGA § 5-6-35, requires a defendant to file an application for discretionary review to obtain appellate review of the dismissal of a motion for out-of-time appeal. ... Under OCGA § 5-6-35 (j), we will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Section 5-6-35 requires a discretionary-appeal application for a de novo appeal from a magistrate-court decision and for an action for damages with a judgment of $10,000 or less, and compliance is jurisdictional.

SHEENA FREEMAN v. KBN TELEVISION, LLC · filed 2025-08-27(a)(1), (a)(6)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Freeman and KFG were required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). Furthermore, 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 or less. See Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Edmond v. Drew Allen Real Estate · filed 2025-09-19(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because this case involves superior court review of a magistrate court decision, Edmond was required to file an application for discretionary appeal. See Bullock, 260 Ga. App. at 875.

Section 5-6-35 makes an appeal seeking only damages of $10,000 or less subject to discretionary review, but that procedure does not apply when the action also seeks and obtains judicial foreclosure because the underlying subject matter controls.

Kothari v. Dunwoody Lakes Condominium Association, Inc. · filed 2025-10-17(a)(6), (b), (g), (j)

An appeal in an action for damages in which the judgment is $10,000 or less must be initiated by filing an application for discretionary review. ... The underlying subject matter of an appeal, however, controls over the relief sought in determining the proper appellate procedure. ... Here, although the trial court awarded less than $10,000 in damages, this appeal is not subject to the discretionary appeal statute because the underlying action also sought — and the trial court granted — judicial foreclosure of a lien.

Subsection (j) requires the Court of Appeals to grant a timely application for discretionary review when the lower court's order is subject to direct appeal.

In Re Estate of Mae Lois Erwin Reed · filed 2025-10-21(j)

Under OCGA § 5-6-35 (j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal.

Section 5-6-35 requires an application for discretionary review for appeals from a state court's review of a magistrate court decision and for appeals in damages actions where the judgment is $10,000 or less.

Jones v. Holliman · filed 2026-01-07(a)(11), (a)(6), (b)

First, appeals from a state court’s review of a magistrate court’s decision must be brought by discretionary application. OCGA § 5-6-35(a)(11), (b); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82, 82 (453 SE2d 119) (1995). Secondly, appeals in actions for damages in which the judgment is $10,000 or less also must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(6), (b); Jennings v. Moss, 235 Ga. App. 357, 357 (509 SE2d 655) (1998); see generally Harpagon Co., LLC v. Davis, 283 Ga. 410, 412 (658 SE2d 633) (2008).

Subsection (a) does not require a discretionary application when a final judgment is directly appealable and the case does not fall within a listed category, subsection (j) permits granting a timely application in that circumstance, and subsection (g) provides ten days to file the notice of appeal after the grant.

Neighborhood Auto Repair & Body, LLC v. English Holdings, LLC · filed 2026-02-27(a), (g), and (j)

No discretionary application is required, however, as a final judgment is directly appealable under OCGA § 5-6-34(a)(1), and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35(a). Under OCGA § 5-6-35(j), this Court will grant a timely application for discretionary review if the lower court’s order is subject to direct appeal. ... The defendants shall have ten days from the date of this order to file a notice of appeal in the state court. See OCGA § 5-6-35(g).

Section 5-6-35 requires an appeal in these circumstances to be initiated by filing an application for discretionary review.

Blount-Winbourne v. Rockdale Corwyn, LLC · filed 2026-05-18(a)(1), (a)(8), (b)

Appeals from decisions of superior courts reviewing decisions of lower courts by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(1); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). Because the underlying subject matter involves an appeal from magistrate court to superior court, Blount-Winbourne was required to file a discretionary application. See Bullock, 260 Ga. App. at 875. Furthermore, an appeal from the denial of a motion to set aside under OCGA § 9-11-60(d) must be initiated by filing an application for discretionary review. OCGA § 5-6-35(a)(8), (b); Lemcon USA Corp. v. Icon Technology Consulting, 301 Ga. 888, 892 (804 SE2d 347) (2017).

Section 5-6-35(a)(8) requires a discretionary appeal for an order denying a motion to set aside under OCGA § 9-11-60(d), while the underlying subject matter determines whether § 5-6-35 applies when direct and discretionary appeal statutes overlap.

Amwaste of Georgia, LLC v. Dunn · filed 2026-06-08(a)(8), (j)

An order denying a motion to set aside under OCGA § 9-11-60(d) requires compliance with the discretionary appeal statute. OCGA § 5-6-35(a)(8). However, a motion to set aside based on the court’s failure to provide notice of its judgment is cognizable as a motion to set aside under OCGA § 9-11-60(g), which may be appealed directly. ... “Where both the direct and discretionary appeal statutes are implicated, it is always the underlying subject matter that will control whether the appeal must be brought pursuant to OCGA § 5-6-34 or OCGA § 5-6-35.” ... Because it appears from the application brief that AmWaste seeks to challenge the trial court’s ruling to the extent it denied a motion to set aside under OCGA § 9-11-60(g), no discretionary application is required. ... Because the order at issue may be appealed directly, this Court would ordinarily grant the application under OCGA § 5-6-35(j).

Section 5-6-35(a) does not require a discretionary appeal when no listed category applies, and subsection (j) permits granting a timely discretionary-appeal application when the order is subject to direct appeal.

Alwadi v. Atlanta Police Department · filed 2026-06-15(a), (j)

Under OCGA § 5-6-34(a)(1)(B), a party may file a direct appeal from “[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35.” Based on the limited application materials, the trial court’s dismissal order appears to be a final judgment, and no provision of OCGA § 5-6-35(a), the discretionary appeal statute, appears to apply. The order, therefore, appears to be subject to direct appeal. 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). Accordingly, this application is hereby GRANTED.

Section 5-6-35 requires an application for discretionary appeal from the denial of a request for free transcripts for a post-conviction collateral attack when no habeas petition is pending.

Traylor v. State · filed 2016-04-12

Thus, Traylor was required to file an application for discretionary appeal. Because Traylor failed to follow the discretionary appeal procedure as required here, his appeal is DISMISSED for lack of jurisdiction.

Section 5-6-35(a)(1) requires discretionary review procedures for appeals from superior-court decisions reviewing local administrative agencies, even when the superior court dismissed the matter without reaching the merits.

Brewer v. BOARD OF ZONING ADJUSTMENT OF ATLANTA · filed 1984-03-16(a)(1)

Except in cases involving ad valorem taxes and condemnations, the discretionary appeal procedures are applicable to all appeals from “decisions of the superior courts reviewing decisions of . . . local administrative agencies . . .” OCGA § 5-6-35 (a) (1). The appellants do not dispute that the Board of Zoning Adjustment of the City of Atlanta is a local administrative agency within the meaning of this statute; however, they contend that the statute is inapplicable in a case such as this, where the superior court has dismissed the decision of the local tribunal without reviewing it on the merits. We are cited no support for this contention, and we do not believe that any such distinction is embodied in the statute.

Section 5-6-35 (a) (1) requires an application for an appeal from superior-court review of a state administrative-agency decision, but a letter from a Department of Revenue official is not an agency “decision” within the statute.

Ford Motor Co. v. Collins · filed 1987-06-25(a)(1)

We decline to hold that a letter from an official within the office of the Commissioner of the Department of Revenue is an agency “decision” within the meaning of the statute.

Section 5-6-35(a)(1) requires an application for appellate review when a superior court reviews a state administrative agency decision, including a revenue department tax assessment.

Miles v. Collins · filed 1989-09-29(a)(1)

Appeals from decisions of superior courts reviewing decisions of state administrative agencies must come to the appellate courts of this state by way of application. OCGA § 5-6-35 (a) (1). This Court has recognized that a revenue department assessment is a decision of a state administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an application must be filed.

Section 5-6-35(a)(1) requires an application for appeal when a superior court reviews a decision of a local administrative agency.

O S Advertising Co. of Georgia, Inc. v. Rubin · filed 1997-03-10(a)(1)

OCGA § 5-6-35(a)(1) provides that appeals from superior courts reviewing decisions of local administrative agencies require an application for appeal.

Section 5-6-35(a)(1) requires an application to appeal when the superior court reviews a local zoning body's administrative decision; a direct appeal is not authorized.

Powell v. City of Snellville · filed 2002-05-28(a)(1)

This Court reviews the judgment of the superior court in such cases only after granting an application to appeal.

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

Alpha Nursing Services, Inc. v. Department of Community Health · filed 2012-08-10(a)(1)

Pursuant to OCGA § 5-6-35 (a) (1), however, appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by application for discretionary review. See Dept. of Corrections v. Mack, 217 Ga. App. 862 (459 SE2d 573) (1995). Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Appeals from superior-court orders reviewing decisions of state administrative agencies must be brought by timely application for discretionary review.

Fuller v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2014-03-31(a)(1)

However, OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

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

Taneashia Brown v. Mark Butler, Commissioner of the Georgia Department of Labor · filed 2015-03-20(a)(1)

However, OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

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

Rebekah Black v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2017-07-26(a)(1)

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

Section 5-6-35(a)(1) generally requires a discretionary appeal from a superior court judgment reviewing an adjudicative local administrative decision, such as a zoning variance denial.

Shelley v. Town of Tyrone · filed 2017-10-16(a)(1)

Challenges to zoning ordinances as applied to specific property generally require an application for discretionary appeal under OCGA § 5-6-35 (a) (1), because the appellant is seeking review of a “decision[ ] of the superior court[ ] reviewing [a] decision[ ] of... [a] local administrative agenc[y],” such as the denial of a zoning variance. ... In this case, however, because Shelley did not formally seek individualized zoning-related relief from any town agency, there was no adjudicative decision of a local administrative agency for the superior court to review. Accordingly, Shelley is entitled to a direct appeal.

Section 5-6-35(a)(1) requires a discretionary appeal when a superior court reviews a decision of a state or local administrative agency, but it does not apply when no agency decision was made on the merits.

Brown v. E. Howard Carson, Jr. · filed 2019-02-20(a)(1)

Thus, because no decision was made for purposes of OCGA § 5-6-35 (a) (1), the discretionary appeal procedure was not implicated.

A discretionary application is required to appeal a superior-court judgment reviewing a state or local administrative agency decision; the requirement applies according to the substance of the appeal.

WARREN COOMBS v. MOREHEAD · filed 2021-03-26(a)(1)

Even if a plaintiff files a direct action in superior court, a discretionary application is required if, in substance, the plaintiff seeks appellate review of an administrative decision.

Section 5-6-35 (a)(1) requires an appeal from a superior court's review of a local administrative agency decision, including a zoning decision, to be brought by application for discretionary appeal.

SHUMAN v. BULLOCH COUNTY BOARD OF COMMMISSIONERS · filed 2025-05-05(a)(1)

A zoning decision made by a local government constitutes the action of a local administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an appeal from a superior court decision reviewing a local administrative agency’s decision must come by way of an application for discretionary appeal.

Section 5-6-35 governs applications for discretionary appeal in administrative cases and permits dismissal when the appeal fails to comply with its requirements.

Bright v. DeKalb Metal · filed 1984-04-12

This is an appeal from the superior court’s affirmance of a decision of the Board of Review, Employment Security Agency, Department of Labor. This appeal is dismissed for failure to comply with OCGA § 5-6-35, concerning applications for discretionary appeal in administrative cases.

Section 5-6-35(a)(2) requires an application for discretionary appeal in contempt or other domestic-relations cases.

Lewis v. Robinson · filed 1985-09-26(a)(2)

Robinson has filed a motion to dismiss appeal, contending that Lewis’ appeal is subject only to application for discretionary appeal under OCGA § 5-6-35 (a) (2). We agree, and thus the court acted pursuant to authority when it denied the application for discretionary appeal after expeditious review in the first place.

Section 5-6-35(a) requires a discretionary application for the categories of rulings it specifically lists, while a discretionary motion to set aside a default judgment not included in those provisions is directly appealable.

Allstate Insurance v. Clark · filed 1988-02-24(a)

The denial of a “discretionary” motion to set aside a default judgment is an appealable final judgment. ... As the motion sub judice is not provided for in the discretionary appeal provisions of OCGA § 5-6-35 (a), it is directly appealable to this court when timely made.

Subsection (a)(10) does not require an application for appellate review of this type of attorney-fee matter.

Cobb County School District v. Mat Factory, Inc. · filed 1994-11-28(a)(10)

This matter is properly considered without the necessity of an application under OCGA § 5-6-35 (a) (10).

Section 5-6-35 requires an application for discretionary appeal when appealing an award for frivolous litigation under OCGA § 9-15-14 (b) or the denial of a motion to set aside judgment under OCGA § 9-11-60 (d).

Bonnell v. Amtex, Inc. · filed 1995-05-03(a)(6), (a)(8)

The order imposing a $750 sanction for wilfully failing to attend a scheduled post-judgment deposition is in the nature of an award for frivolous litigation within the purview of OCGA § 9-15-14 (b). Such an award is not directly appealable but requires an application to this court pursuant to the discretionary appeal procedures. OCGA § 5-6-35 (a) (6). The denial of defendants’ motion to set aside the judgment, brought under the authority of OCGA § 9-11-60 (d), also requires an application for discretionary appeal. OCGA § 5-6-35 (a) (8). Since neither ruling appealed from is tied to a directly appealable order, the appeal in the case sub judice must be dismissed.

Section 5-6-35(a)(1) requires an application for discretionary appeal when the superior court reviews an administrative decision, including a local governmental decision challenged through a declaratory judgment action, even if no administrative appeal was taken.

Dunlap v. City of Atlanta · filed 2000-05-30(a)(1)

It is axiomatic that an appeal from a superior court's review of an administrative decision must be made through an application for appeal. See OCGA § 5-6-35(a)(1), (b); City of Atlanta Bd. of Zoning Adjustment v. Midtown North, 257 Ga. 496, 360 S.E.2d 569 (1987); St. Simons Island Save the Beach Assn. v. Glynn County Bd. of Commrs., 205 Ga.App. 428, 422 S.E.2d 258 (1992). This requirement applies even where, as here, an administrative decision is attacked by way of a declaratory judgment action. See Miller v. Ga. Dept. of Public Safety, 265 Ga. 62, 453 S.E.2d 725 (1995) (appellant must follow discretionary appeal procedures if underlying subject matter involves an administrative determination); Rebich v. Miles, 264 Ga. 467, 448 S.E.2d 192 (1994) (same). And it applies to appeals of local governmental department decisions even if no administrative appeal was taken. See Strohecker v. Gwinnett County Police Dept., 182 Ga.App. 853, 357 S.E.2d 305 (1987) (dismissing direct appeal of superior court's ruling that reviewed a police department decision).

Section 5-6-35 requires an application for discretionary appeal only when the superior court reviews a decision of the State Board of Workers’ Compensation.

City of Warner Robins v. Baker · filed 2002-05-31(a)(1), (b)

The city filed an application for discretionary appeal, apparently believing that application was required under OCGA § 5-6-35 (a) (1) and (b). But that Code section applies only to decisions of the superior court reviewing decisions of the State Board of Workers’ Compensation. The order in this case was entered by the State Court of Houston County, and it did not review a decision of the State Board, but rather ruled on a motion to extinguish a lien, after an action brought in that court had been settled. No application therefore was required.

Section 5-6-35(a) does not require a discretionary-appeal application for an order denying a motion under OCGA § 15-11-40 or § 15-11-70.

In Re JLK · filed 2010-03-16(a)

Moreover, neither an order denying a motion under OCGA § 15-11-40 nor § 15-11-70 is itemized as being subject to the discretionary appeal procedure under OCGA § 5-6-35(a).

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

Williams v. Eaves · filed 2012-09-05(d)

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

Redman v. State · filed 2012-11-27(d)

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

Section 5-6-35(a)(2) requires an application for appeal in divorce, alimony, and other domestic-relations cases, including appeals involving child support.

Collins v. Davis · filed 2012-10-30(a)(2)

OCGA § 5-6-35 (a) (2), on the other hand, still mandates that “judgments or orders in divorce, alimony, and other domestic relations cases including, but not limited to, granting or refusing a divorce or temporary or permanent alimony or holding or declining to hold persons in contempt of such alimony judgment or orders” require an application for appeal.

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

In the Interest Of: C. T. and M. S., Children (Father) · filed 2013-03-28(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 39 days after the juvenile court entered its termination order. 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.

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

National Roofing and Restoration, LLC v. Applebee · filed 2013-11-13(b)

And, the denial of a motion to set aside a final judgment under OCGA § 9-11-60 is not directly appealable and instead requires the filing of an application for discretionary appeal under OCGA § 5-6-35 (b). See OCGA § 5-6-35 (a) (8); Stone v. Dawkins, 192 Ga. App. 126, 126-127 (384 SE2d 225) (1989).

Section 5-6-35(a)(5) requires an application for discretionary appeal to appeal a probation-revocation case.

Nelson v. State · filed 2015-10-06(a)(5)

Second, an application for discretionary appeal is required to appeal a probation revocation case. OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757 (513 SE2d 287) (1999); Wells v. State, 236 Ga. App. 607, 608 (512 SE2d 711) (1999) (denial of motion for new trial in a probation revocation case does not change the obligation to follow discretionary appeal procedures).

Section 5-6-35(a)(1) requires a discretionary appeal to challenge a superior-court order reviewing a state administrative agency decision, and subsection (a)(2) requires that procedure for domestic-relations appeals, including child-support cases.

Marcus Anderson, Sr. v. Robyn A. Crittenden, in Her Capacity as Commissioner of the Georgia Department of Human Services · filed 2016-05-19(a)(1), (a)(2)

A party seeking to appeal a superior court order reviewing a decision of a state administrative agency must follow the discretionary appeal procedure in OCGA § 5-6-35. See OCGA § 5-6-35 (a) (1); Simmons v. Georgia Bureau of Investigation, 236 Ga. App. 59 (510 SE2d 618) (1999). Moreover, appeals in domestic relations cases, including child support cases, must be brought in accordance with the discretionary appeal procedure. See OCGA § 5-6-35 (a) (2); Fitzgerald v. Dept. of Human Resources, 231 Ga. App. 129 (497 SE2d 659) (1998).

Section 5-6-35(a)(8) requires an application for discretionary appeal when seeking review of an order denying a motion to set aside a judgment under § 9-11-60(d).

Lemcon USA Corp. v. Icon Technology Consulting, Inc. · filed 2017-08-28(a)(8)

And because Lemcon sought to appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d), an application was required. See OCGA § 5-6-35 (a) (8). The Court of Appeals thus properly dismissed Lemcon’s appeal.

Section 5-6-35(a) does not require a discretionary application when an action is directly appealable and does not fall within one of the listed categories in the statute.

Abdullah v. Pennymac Loan Services, LLC · filed 2025-07-11(a)

No discretionary application is required, however, as a final judgment is directly appealable under OCGA § 5-6-34 (a) (1) — as is an order denying an interlocutory or final injunction under OCGA § 5-6-34 (a) (4) — and this action does not appear to fall within one of the categories of cases for which a discretionary application is required to seek appellate review under OCGA § 5-6-35 (a).

Section 5-6-35(j) permits the court to grant an otherwise timely application for discretionary appeal when the lower court’s order is subject to direct appeal.

Bishop v. Goins · filed 2016-01-11(j)

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). Accordingly, these applications are hereby GRANTED, and the applicants shall have ten days from the date of this order to file their notices of appeal with the trial court.

Section 5-6-35(j) allows an otherwise timely discretionary appeal application to be granted when the lower court’s order is subject to direct appeal.

Swearngin v. Rowell · filed 2019-04-11(j)

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). Accordingly, this application is hereby GRANTED, and Swearngin shall have ten days from the date of this order to file her notice of appeal with the trial court.

Section 5-6-35 requires a discretionary application for appeals from superior-court review of agency decisions and for attorney-fee rulings under § 9-15-14, but not for fee awards under other statutes.

Tanner Medical Center Inc. D/B/A Tanner Medical Center - Villa Rica v. Vest Newnan, LLC D/B/A Newnan Behavioral Hospital · filed 2017-06-19(a)(1), (a)(10), and (j)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required to appeal “decisions of the superior courts reviewing decisions of . . . state and local administrative agencies,” but this provision applies only where the superior court order to be appealed actually reviews an agency decision. ... Thus, OCGA § 5-6-35 (a) (1) does not apply here. OCGA § 5-6-35 (a) (10) requires the filing of a discretionary application to appeal trial court rulings on requests for attorney fees under OCGA § 9-15-14. However, this provision applies only to fee awards granted or denied under OCGA § 9-15-14; it does not apply to fee awards granted or denied under other statutes, such as OCGA § 31-6-44.1 (c). ... Because no provision of OCGA § 5-6-35 (a) applies here, this application is hereby GRANTED as required under OCGA § 5-6-35 (j).

Subsection (a)(1) requires discretionary-appeal procedures for review of a superior-court decision reached by de novo appeal from a magistrate court, and subsection (a)(8) requires them for an appeal challenging denial of a motion to set aside under OCGA § 9-11-60(d).

Hamby v. Payne · filed 2016-04-25(a)(1), (a)(8)

Hamby was required to follow the discretionary appeal procedures to obtain review before this Court. First, because the case reached the superior court on de novo appeal from a magistrate court’s decision OCGA § 5-6-35(a) (1), requires this procedure. Second, because Hamby is challenging the denial of this motion to set aside, which was based upon OCGA § 9-11-60 (d), OCGA § 5-6-35 (a) (8) requires this procedure.

Section 5-6-35(a)(8) requires an appeal from the denial of a motion to set aside a judgment to proceed through the discretionary-appeal procedure, with a notice properly filed under subsection (g) required for review.

Okekpe v. Commerce Funding Corp. · filed 1995-09-22(a)(8), (g)

In substance this is an appeal from the denial of Okekpe's motion for relief from a foreign judgment rendered in Virginia based on that state's lack of personal jurisdiction, OCGA § 9-11-60(d)(1); it is therefore subject to the discretionary appeal statute, OCGA § 5-6-35(a)(8).

Section 5-6-35 requires compliance with its discretionary-appeal procedures for an appeal to proceed.

In the Interest of J. M. B. · filed 1984-10-12

Since appellant failed to follow the discretionary appeal procedures mandated by OCGA § 5-6-35, this appeal must be dismissed.

Section 5-6-35 requires an appeal in this category to follow the discretionary-appeal procedures.

Moon v. DeKalb County Personnel Review Panel · filed 1985-02-13

The appeal must be dismissed due to the appellant’s failure to follow the discretionary appeal procedures set forth in OCGA § 5-6-35.

Section 5-6-35 requires an appellant to follow its discretionary appeal procedures when seeking review of a covered decision.

Gibson v. City of Marietta · filed 1985-09-19

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

Subsection (b) requires an appellant seeking discretionary review to include each enumeration of error in the application for discretionary appeal.

Parham v. Lanier Collection Agency & Service, Inc. · filed 1986-02-11(b)

Appellant failed to meet the jurisdictional requirements of OCGA § 5-6-35 (b) with regard to her second enumeration of error, inasmuch as she did not set forth that enumeration of error in her applications for discretionary appeal.

Section 5-6-35(a)(8) requires compliance with its discretionary-appeal procedures when appealing from the denial of a motion to set aside a judgment.

Ko v. Habersham Federal Savings Bank · filed 1990-03-07(a)(8)

Insofar as the appeal is from the denial of the motion to set aside, it must be dismissed for failure to comply with the discretionary appeal procedures required by OCGA § 5-6-35 (a) (8).

Section 5-6-35(a)(1) requires compliance with discretionary-appeal procedures for appeals from superior-court judgments reviewing a county board of commissioners' decision when the board was functioning as an administrative agency.

Swafford v. Dade County Board of Commissioners · filed 1996-05-06(a)(1)

That being so, we hold that appeals in cases such as this one require compliance with discretionary appeal procedures. OCGA § 5-6-35(a)(1).

Section 5-6-35 requires a party in a covered case to seek appellate review by application rather than direct appeal, and failure to file the required application requires dismissal.

Jones v. Townsend · filed 1997-02-03

In the cases specified in OCGA § 5-6-35, and now in appeals of civil cases filed by prisoners, there is no right of direct appeal. Instead, the party wishing to appeal must file an application directed to the appropriate appellate court. Failure to file an application when one is necessary requires that the appeal be dismissed. ... It follows that an application pursuant to OCGA § 5-6-35 was necessary, and that Jones’s failure to comply with the discretionary appeal procedure requires dismissal of this action.

Section 5-6-35 requires appeals from superior-court orders entered on de novo review under OCGA § 35-3-37(c) to follow discretionary-appeal procedures.

Warren v. State · filed 1999-07-29

Appeals from orders entered pursuant to the superior court’s de novo review authority under OCGA § 35-3-37 (c) must be made via OCGA § 5-6-35’s discretionary appeal procedures.

Section 5-6-35(c) requires a discretionary-appeal applicant to include a copy of the order or judgment being appealed as an exhibit to the petition.

Glasper v. State · filed 2012-10-10(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) ... Without the trial court’s order, we have nothing to review. This application is therefore DISMISSED.

Section 5-6-35(a)(11) requires a discretionary appeal when appealing a state-court order disposing of a de novo appeal from a magistrate-court decision.

Smith v. Deutsche Bank Trust Company · filed 2013-02-08(a)(11)

Because the order at issue disposes of a de novo appeal from a magistrate court decision, Smith was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mortgage Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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

Ohuche v. Federal National Mortgage Association · filed 2013-04-01

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

Section 5-6-35 requires an application for appeal in specified cases, including appeals involving termination of parental rights, and the underlying subject matter controls when discretionary review is required.

Numanovic v. Joseph Grant Jones · filed 2013-05-16(a)(2)

OCGA § 5-6-35 lists cases in which an application for appeal is required and includes “[a]ppeals from orders terminating parental rights.”

An appeal in a garnishment case must be initiated by filing a discretionary application in the Court of Appeals.

Donyale Turner v. Discover Bank · filed 2014-06-18(a)(4), (b)

Appeals in cases involving garnishment must be initiated by discretionary application filed with this Court. OCGA § 5-6-35 (a) (4) and (b); Maloy v. Ewing, 226 Ga. App. 490 (486 SE2d 708) (1997). Turner’s failure to follow the required procedure deprives this Court of jurisdiction, and this appeal is accordingly DISMISSED.

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

Tommy Pearson, Sr. v. Swindell · filed 2014-06-23

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

Subsections (a)(4) and (b) require a discretionary application to initiate an appeal in a garnishment case.

Crystal Clear Luxury Pools, Inc. v. Aquatic Designs and Services, LLC · filed 2014-09-26(a)(4), (b)

Appeals in cases involving garnishment must be initiated by filing a discretionary application with this Court. OCGA § 5-6-35 (a) (4) and (b); Maloy v. Ewing, 226 Ga. App. 490 (486 SE2d 708) (1997).

Section 5-6-35 requires a party seeking an appeal covered by the statute to file an application for discretionary appeal rather than a direct appeal.

Edwards v. State · filed 2016-07-18

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.

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.

Pocasangre v. Eph2 Assets, LLC · filed 2016-12-28(a)(1)

Pocasangre 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). Pocasangre’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Fabian Tyrone Taplin, Sr. v. Honoralbe Dwayne H. Gillis · 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.

An appeal from the denial of a motion to set aside under OCGA § 9-11-60 (d) must be brought by application for discretionary appeal, even when the underlying order concerns child custody.

Pamela Huff Brown v. Kwame Brown · filed 2018-09-26(a)(8)

An appeal from the denial of a motion to set aside on grounds authorized under OCGA § 9-11-60 (d) must be taken by application for discretionary appeal. OCGA § 5-6-35 (a) (8). Although OCGA § 5-6-34 (a) (11) permits a direct appeal from all judgments or orders in “child custody cases,” the issue raised on appeal governs whether a custody order may be appealed directly, and here the issue is not custody but whether the trial court properly denied the motion to set aside.

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

Norbert v. Terra Creek Apartments, Msc Properties, LLC · filed 2018-10-02(a)(1), (b)

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

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

Bowen v. Parisa, LLC · filed 2018-11-01(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

Section 5-6-35 requires a party to obtain discretionary appellate review for specified orders and proceedings, including orders denying motions to set aside for lack of jurisdiction and superior-court review of lower-court decisions by certiorari or de novo proceedings.

Wilson v. Sunnyland Community, LLC · filed 2019-02-11(a)(1), (a)(8), (b)

An appeal from a trial court order denying a § 9-11-60 (d) motion to set aside must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (8), (b); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116, 116 (640 SE2d 688) (2006). In addition, appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings likewise must be initiated via a discretionary application. See OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires a party to initiate an appeal in a garnishment case by filing an application for discretionary appeal.

Taylor v. Ficklin · filed 2017-11-14(a)(4), (b)

And under OCGA § 5-6-35, a party must file an application for discretionary appeal. ... But even if Taylor were not currently incarcerated, this appeal would still be subject to dismissal because appeals in cases involving garnishment must also be initiated by discretionary application. See OCGA § 5-6-35 (a) (4) and (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35 (a) (3) requires a discretionary appeal only when the sole issue in a distress or dispossessory-warrant case is rent of $2,500 or less; when other issues are raised, the appeal is direct.

Florence v. Florence · filed 2023-02-01(a)(3)

Applications for discretionary appeal are required in “[a]ppeals from cases involving distress or dispossessory warrants in which the only issue to be resolved is the amount of rent due and such amount is $2,500.00 or less.” OCGA § 5-6-35 (a) (3). A review of Kim’s application materials, however, shows that she seeks to raise issues other than the amount of rent due. Specifically, she seeks to establish that she has a life estate in the subject residence. Additionally, the application materials indicate that Kim is also seeking to challenge the dismissal of her counterclaim. Kim, therefore, has a right of direct appeal.

Section 5-6-35 (a) (4) requires appeals in garnishment cases to be initiated by an application for discretionary appeal.

Leland C. Poppell Construction, Inc v. Nutrien Ag Solutions, Inc. · filed 2023-05-09(a)(4)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal filed with this Court. OCGA § 5-6-35 (a) (4); Lamb v. First Union Brokerage Svcs., 263 Ga. App. 733, 736 (1) (589 SE2d 300) (2003).

Section 5-6-35 requires appeals in cases involving garnishment to be initiated by an application for discretionary appeal, subject to applicable exceptions.

Walsh v. Ravi · filed 2025-10-27(a)(4), (b)

Even if the order at issue could be construed as a final order, Walsh would not be entitled to a direct appeal. Instead, subject to exceptions not applicable here, appeals in cases involving garnishment must be initiated by an application for discretionary appeal.

Section 5-6-35(a)(4) generally requires a discretionary-review application for garnishment appeals, but when interlocutory procedures also apply, those procedures must be followed before the application is filed.

Mb 1607 LLC v. Grn Street Holdings, LLC · filed 2025-12-24(a)(4)

Although appeals in garnishment cases generally must be initiated by filing an application for discretionary review, see OCGA § 5-6-35(a)(4), where, as here, both discretionary and interlocutory appeal procedures apply, an applicant must follow the interlocutory appeal procedures set forth in OCGA § 5-6-34(b), including obtaining a timely certificate of immediate review from the trial court, before filing an application.

Section 5-6-35(a)(2) requires an appeal from an award of attorney fees in a domestic-relations case to follow the statute’s appeals procedures.

Sprague v. Sprague · filed 1984-10-31(a)(2)

We hold that an appeal from an award of attorney fees in a domestic relations case is subject to the appeals procedures of OCGA § 5-6-35 (a) (2). This direct appeal is therefore dismissed for failure to comply with the statute.

Section 5-6-35(a)(10) requires an application before appealing an award of attorney fees or litigation expenses under Code Section 9-15-14.

Barton v. Anthony · filed 1990-02-13(a)(10)

Barton’s appeal from the award of attorney fees and expenses of litigation, docketed in this court as case no. A89A1992, is dismissed based on his failure to follow the application procedures applicable to “[a]ppeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14.” OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires a discretionary-appeal application for an appeal from a post-judgment attorney-fee award under § 9-15-14 when no direct appeal was taken from the underlying judgment, but permits a direct appeal when one was taken.

Rolleston v. Huite · filed 1990-11-28(a)(10)

Accordingly, a party aggrieved by a post-judgment OCGA § 9-15-14 award is required to comply with the discretionary appeal procedure of OCGA § 5-6-35 (a) (10) only in those instances where no direct appeal has been otherwise taken from the underlying judgment. ... However, in those instances where, as here, a direct appeal has been taken from the underlying judgment, a party may also appeal directly from the OCGA § 9-15-14 post-judgment award without regard to the discretionary appeal procedures of OCGA § 5-6-35 (a) (10). Haggard v. Bd. of Regents &c. of Ga., supra; Stancil v. Gwinnett County, supra. It follows that we do have jurisdiction over this appeal.

Section 5-6-35(a)(10) requires a discretionary appeal for an order awarding attorney fees under § 9-15-14.

Morris v. Morris · filed 1997-06-11(a)(10)

This notice of appeal seeks to directly appeal the court’s award of attorney fees under OCGA § 9-15-14. Such an order is subject to the discretionary procedure of OCGA § 5-6-35. This appeal must be dismissed.

Section 5-6-35(a)(10) requires discretionary appeal procedures for an award of attorney fees under OCGA § 9-15-14, subject to an exception when the fee award is appealed as part of an appeal from the underlying judgment.

Boveland v. Young Women's Christian Ass'n of Greater Atlanta, Inc. · filed 1997-06-18(a)(10)

This issue is not properly before us, however, since an award of attorney fees under OCGA § 9-15-14 is subject to discretionary appeal procedures. See OCGA § 5-6-35 (a) (10). An exception to this rule is made if the attorney fee award is appealed as part of an appeal from the underlying judgment. This is necessary where the basis for the award (i.e., the argument which the lower court said was frivolous) is itself the subject of review, lest the appellate court reverse the lower court’s decision on the “frivolous” argument on the merits, yet leave the award of attorney fees standing.

Section 5-6-35(a)(10) requires an application for appeal from an award of attorney fees under § 9-15-14; a direct appeal is allowed only when the appellate court already has jurisdiction over a direct appeal in the underlying case.

Cody v. Coldwell Banker Real Estate Corp. · filed 2002-01-30(a)(10)

An appeal from the award of attorney fees under OCGA § 9-15-14 requires an application for appeal pursuant to OCGA § 5-6-35 (a) (10). A direct appeal is allowed only in those cases where the appellate court already has jurisdiction of a direct appeal in the underlying case.

Section 5-6-35(a)(10) requires appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 to be brought by discretionary application rather than direct appeal.

Mendelson v. Southeast Mortgage of Georgia · filed 2012-05-08(a)(10)

Appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 are required to be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires a discretionary application for an appeal from an order awarding attorney fees and litigation expenses under OCGA § 9-15-14 when a direct appeal is otherwise being pursued.

Fluker v. Polk Medical Center · filed 2012-12-21(a)(10)

Generally, appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires an appeal from an award of attorney fees or litigation expenses under Code Section 9-15-14 to proceed by discretionary-appeal application, which must enumerate the alleged errors and state why the appellate court has jurisdiction.

Ledford v. Mobley · filed 2013-05-16(a)(10), (b)

OCGA § 5-6-35 (a) (10) provides that “[a]ppeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14” shall, pursuant to OCGA § 5-6-35 (b), “be by application in the nature of a petition enumerating the errors to be urged on appeal and stating why the appellate court has jurisdiction.” ... Because the underlying subject matter of this appeal — the award of attorney fees pursuant to OCGA § 9-15-14 •— is listed in OCGA § 5-6-35 (a) (10), Ledford was required to follow the discretionary appeal procedures.

Subsection (a)(10) requires appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 to be brought by discretionary application rather than direct appeal.

Davis v. Leverage Management Group, LLC · filed 2014-05-06(a)(10)

Appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Subsection (a)(10) requires a discretionary appeal for an order awarding attorney fees under OCGA § 9-15-14.

Zow v. Regions Financial Corporation D/B/A Regions Mortgage · filed 2015-11-23(a)(10)

Such awards, however, are subject to the discretionary appeal procedures. OCGA § 5-6-35 (a) (10); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 (a)(10) requires a discretionary application, rather than a direct appeal, for an appeal from an order awarding attorney fees and litigation expenses under OCGA § 9-15-14.

POSTELL v. JAMES E. CALLOWAY D/B/A CALLOWAY CONSTRUCTION · filed 2016-05-18(a)(10)

Appeals from orders awarding attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Subsection (a)(10) requires appeals from OCGA § 9-15-14 attorney-fee awards to proceed by discretionary application.

Avalon Restoration Company, LLC v. Evans · filed 2016-12-07(a)(10)

We lack jurisdiction to consider the appeal because such awards must be appealed by application for discretionary review. See OCGA § 5-6-35 (a) (10); Jones v. Padgett, 186 Ga. App. 362, 363 (2) (367 SE2d 88) (1988).

Section 5-6-35(a)(2) and (a)(10) require a discretionary-appeal application for appeals in domestic-relations or Family Violence Act cases and for orders awarding OCGA § 9-15-14 attorney fees, and compliance is jurisdictional.

Grailer v. Jones · filed 2018-12-19(a)(2), (a)(10)

Appeals of orders in domestic relations cases – including actions arising under the Family Violence Act – must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Schmidt v. Schmidt, 270 Ga. 461, 461-462 (1) (510 SE2d 810) (1999). Moreover, an appeal from a trial court order awarding § 9-15-14 attorney fees must also be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10); Capricorn Systems, Inc. v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35(a)(10) requires a discretionary application for an attorney-fee award under OCGA § 9-15-14, but permits a direct appeal when the award is part of a directly appealable judgment; subsection (j) requires granting a timely discretionary application when the lower court's order is subject to direct appeal.

Bubniak v. Kamler Jr. · filed 2019-03-21(a)(10), (j)

“Although OCGA § 5-6-35 (a) (10) requires that an appeal of an award of attorney fees made pursuant to OCGA § 9-15-14 be preceded by the grant of a discretionary application, a direct appeal is permitted when it is appealed as part of a judgment that is directly appealable.” Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) (491 SE2d 782) (1997) (punctuation omitted). ... We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Subsection (a)(10) requires a discretionary appeal application to challenge an award of attorney fees under OCGA § 9-15-14, but that procedure does not replace interlocutory appeal requirements when the order is interlocutory.

Ugwonali Law Group, LLC v. Cherokee Funding, LLC · filed 2020-09-10(a)(10)

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

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

WALLACE v. EPSTEIN · filed 2020-11-17(a)(10)

Appeals from orders granting or denying attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10).

Section 5-6-35(a)(10) requires an appeal from an award of attorney fees or litigation expenses under Code Section 9-15-14 to be initiated by an application for discretionary appeal.

ADAMSON-MERRILL v. MEEHAN · filed 2021-09-17(a)(10)

Second, appeals from awards of attorney’s fees or expenses of litigation under Code Section 9-15-14 must be initiated by filing an application for discretionary appeal.

Section 5-6-35(a)(10) generally requires a discretionary appeal to review an attorney-fee or litigation-expense award under OCGA § 9-15-14, but an interlocutory appeal is required when the action remains pending and the fee order is non-final.

Smokemasters Ribs'n Pollo Incorporated v. Lilburn Center, LLC · filed 2021-10-08(a)(10)

Generally, an application for discretionary appeal is required for appellate review of an award of attorney fees or litigation expenses under OCGA § 9-15-14. See OCGA § 5-6-35 (a) (10). However, where, as here, the action remains pending below and the order is a non-final order that does not resolve all issues in the action, the appellant is required to follow the interlocutory appeal procedures set forth in OCGA § 5-6-34 (b) to challenge the fee award.

Section 5-6-35(a)(10) generally requires a discretionary appeal application for an order awarding OCGA § 9-15-14 attorney fees, but when the action remains pending below, the order is non-final and must be appealed through interlocutory procedures.

In Re: Clive N. Morgan · filed 2021-12-22(a)(10)

The order awarding OCGA § 9-15-14 attorney fees generally requires an application for discretionary appeal. See OCGA § 5-6-35 (a) (10). However, where, as here, the action remains pending below, that order, too, is a non-final order requiring Morgan to follow the interlocutory appeal procedures.

Section 5-6-35 requires appeals in specified domestic-relations matters and orders awarding attorney fees under OCGA § 9-15-14 to proceed by application for discretionary appeal.

Sheffrin v. Hedgepeth Heredia, LLC · filed 2023-02-10(a)(2), (a)(10)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (2); Russo v. Manning, 252 Ga. 155, 155 (312 SE2d 319) (1984). And an order awarding OCGA § 9-15-14 attorney fees also requires an application for discretionary appeal. See OCGA § 5-6-35 (a) (10). “[C]ompliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (2) and (b) require an appeal in a domestic-relations case, including a legitimation action, to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Wright v. Amber Hill · filed 2023-03-22(a)(2), (b)

A legitimation action is a domestic relations case and, as a general rule, an appeal in such a case must be initiated by filing an application for a discretionary review. ... Wright’s failure to comply with the discretionary application procedures set forth in OCGA § 5-6-35 deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (2) requires a discretionary appeal for an appeal from a judgment or order in a domestic-relations case, including a case involving domestication of a divorce decree.

Hamilton v. Hamilton · filed 2023-03-30(a)(2)

A case involving the domestication of a divorce decree constitutes a “domestic relations” case within the meaning of OCGA § 5-6-35 (a) (2).

Section 5-6-35(a)(10) requires an application for discretionary review to appeal an award of attorney fees under OCGA § 9-15-14.

NAYANI v. HASSANALI · filed 2024-01-30(a)(10)

Finally, Nayani is not entitled to a direct appeal from the award of OCGA § 9-15-14 attorney fees because appeals of such awards must be taken by application for discretionary review.

Section 5-6-35(a)(10) requires an application for discretionary review to appeal a trial court order awarding attorney fees under OCGA § 9-15-14.

MUNOZ v. FULTON COUNTY PATRICK LABAT · filed 2024-08-05(a)(10)

An appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review.

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

Berny v. Asbury Atlanta Ac, LLC · filed 2025-03-04(a)(10), (b)

First, an appeal from a trial court order awarding OCGA § 9-15-14 attorney fees must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (10), (b); Capricorn Systems, v. Godavarthy, 253 Ga. App. 840, 841-842 (560 SE2d 730) (2002).

Section 5-6-35 generally requires a discretionary application for an appeal involving an award of attorney fees under OCGA § 9-15-14, but permits a direct appeal when the award is connected with other directly appealable matters, and directs the Court of Appeals to grant a timely discretionary application when the order is subject to direct appeal.

Charlie Bridges v. Gupta · filed 2025-03-31(a)(1), (j)

Although an appeal from an award of OCGA § 9-15-14 attorney fees generally requires a discretionary application, see OCGA § 5-6-35 (a) (1), a direct appeal is permitted when the award is appealed in connection with other matters that are directly appealable. See Stancil v. Gwinnett County, 259 Ga. 507, 508 (384 SE2d 666) (1989); see also Mitcham v. Blalock, 268 Ga. 644, 646-647 (4) (491 SE2d 782) (1997). A final award of attorney fees under OCGA § 9-11-37 is directly appealable. Hart v. Redmond Regional Med. Center, 300 Ga. App. 641, 642 n.6 (686 SE2d 130) (2009). Accordingly, the award in this case — made under both § 9-15-14 and § 9-11-37 — is subject to direct appeal. See id. ... We will grant a timely discretionary application if the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

Section 5-6-35 requires appeals from divorce and other domestic-relations judgments, and attorney-fee awards under OCGA § 9-15-14, to be initiated by application for discretionary review.

Smith v. Hughes-Smith · filed 2025-06-02(a)(2), (a)(10), (b)

Appeals from “judgments or orders in divorce, alimony, and other domestic relations cases” must be made by application for discretionary appeal. ... Similarly, an appeal from a trial court order awarding attorney fees under OCGA § 9-15-14 also must be initiated by filing an application for discretionary review.

Subsection (a)(10) requires an appeal from an order awarding attorney fees under OCGA § 9-15-14 to proceed by discretionary application rather than direct appeal.

WHITNEY GARLAND v. PROVECTUS UNUM, LLC · filed 2026-04-13(a)(10)

We lack jurisdiction over this appeal. Appeals from orders awarding attorney fees under OCGA § 9-15-14 must be made by discretionary application rather than direct appeal. OCGA § 5-6-35(a)(10); Capricorn Sys., Inc. v. Godavarthy, 253 Ga. App. 840, 842 (560 SE2d 730) (2002).

Section 5-6-35 requires discretionary applications for appeals from domestic-relations contempt orders and awards of attorney fees and litigation expenses under OCGA § 9-15-14.

Lescota-Grailer v. Del Jones · filed 2021-05-12(a)(2), (a)(10)

Appeals from orders in domestic relations cases, including orders holding or declining to hold persons in contempt, must be pursued by discretionary application. See OCGA § 5-6-35 (a) (2).2 Similarly, appeals from awards of attorney fees and litigation expenses under OCGA § 9-15-14 must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (10). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an appeal from a superior-court decision reviewing a state or local administrative-agency decision to be taken by application for review within 30 days; a direct appeal without that application is a nullity.

DePass v. Board of Review · filed 1984-11-09(a)(1), (d)

OCGA § 5-6-35 (a) (1) provides: “Appeals in the following cases shall be taken as provided in this Code section: (1) Appeals from decisions of the superior courts reviewing decisions of . . . state and local administrative agencies.” Therefore, this appeal had to be taken under the provisions of OCGA § 5-6-35, which requires in subsection (d) ... that an “application” be made to this court “within 30 days of the entry” of the judgment, order or decision sought to be reviewed. Here no application for review was filed with this court, hence the attempted direct appeal fails to comply with the requirements of OCGA § 5-6-35. The appeal is a nullity and therefore must be dismissed.

Section 5-6-35(a)(1) requires an application for review when appealing a superior-court decision reviewing a local administrative agency decision.

City of Atlanta Board of Zoning Adjustment v. Midtown North, Ltd. · filed 1987-09-24(a)(1)

The constitutional provisions govern which appellate court has jurisdiction of a matter subject to appeal. The applicable statutes determine the method of pursuing the appeal. As this case is an "appeal from the decision of the superior court reviewing a decision of a local administrative agency," it comes within the scope of OCGA § 5-6-35 (a) (1), which requires application for review.

Section 5-6-35(a)(1) requires an application to appeal when seeking judicial review of an administrative decision by a local board of zoning appeals, whether review is brought by mandamus or otherwise.

Crymes v. Smith · filed 1990-11-08(a)(1)

OCGA § 5-6-35 (a) (1) requires an application to appeal such a review whether the review is brought by mandamus or otherwise.

Section 5-6-35(a)(1) requires an application for appeals from superior-court decisions reviewing state or local administrative agencies, and its “by certiorari or de novo proceedings” language applies only to lower-court cases.

St. Simons Island Save the Beach Ass'n v. Glynn County Board of Commissioners · filed 1992-09-08(a)(1)

Appeals from decisions of the superior court reviewing decisions of state and local administrative agencies must be by application pursuant to OCGA § 5-6-35 (a) (1). The words “by certiorari or de novo proceedings” in OCGA § 5-6-35 (a) (1) relate only to the category “lower courts,” and not, as appellants contend, also to the category “state and local administrative agencies,” into which this case falls. This category includes cases governed by the Administrative Procedure Act, which provides for judicial review by a superior court in OCGA § 50-13-19.

Section 5-6-35(a)(1) requires discretionary appellate review for appeals involving a trial court's review of a state administrative agency decision.

Prison Health Services Inc. v. Georgia Department of Administrative Services · filed 1995-10-16(a)(1)

Each of the appeals filed by PHS must be dismissed for failure to follow the discretionary application procedure set forth in OCGA § 5-6-35. In each appeal, the underlying subject matter is the decision of a trial court reviewing the decision of a state administrative agency. Appellate review of such decisions is secured by this Court's grant of an application for discretionary review. OCGA § 5-6-35(a)(1); Rebich v. Miles, 264 Ga. 467, 448 S.E.2d 192 (1994).

Section 5-6-35(a)(1) requires an application for discretionary appeal when a superior court reviews an administrative agency's decision.

Nelson v. Fulton County · filed 2003-07-15(a)(1)

Under OCGA § 5-6-35 (a) (1), an appeal of a superior court’s review of an administrative agency’s decision requires an application for discretionary appeal.

Subsection (a)(1) requires a discretionary-appeal application when appealing a superior court's review of an administrative agency decision, unless an applicable exception applies.

Coweta County v. Jackson · filed 2003-11-06(a)(1)

Therefore, the County was required to follow the discretionary application procedures set forth in OCGA § 5-6-35 (a) (1).

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

Treadway v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2013-10-09(a)(1)

However, OCGA § 5-6-35 (a) (1) requires that appeals from orders of superior courts reviewing decisions of state administrative agencies must be made by timely application for discretionary review.

Appeals from superior court decisions reviewing local administrative agency decisions by certiorari or de novo proceedings must be brought by filing an application for discretionary appeal.

Longe v. Atlanta Civil Service Board · filed 2014-06-02(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.

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

Sharrock v. City of Fort Oglethorpe · filed 2014-08-01(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.