Ga. Code Ann. § 5-6-35

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.

Moore v. Georgia Department of Labor · filed 2014-12-04(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.

Subsection (a)(1) requires an appeal from a superior-court order reviewing a state administrative agency decision to be made by timely application for discretionary review.

Freeman v. Mark Butler, Commisioner Georgia Dept. of Labor · filed 2015-03-05(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 a timely application for discretionary review when appealing a superior-court order reviewing a state administrative agency decision.

Roberts v. Mark Butler, Commissioner of Georgia Department of Labor E Tal. · filed 2015-05-05(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 filing an application for discretionary review.

Simms v. Mark Butler, Commissioner of Georgia Department of Labor · filed 2017-10-11(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) requires a discretionary appeal from a superior-court judgment reviewing a decision of a state or local administrative agency, including an inverse-condemnation action arising from such a decision.

Clay v. Douglasville-Douglas County Water and Sewer Authority · filed 2020-10-21(a)(1)

In sum, we conclude that Clay was required to file an application for discretionary appeal from the superior court’s dismissal of his action and that Brownlow must be disapproved to the extent it holds otherwise.

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

Ckcg Healthcare Services, Inc. v. Department of Community Health · filed 2020-10-21(a)(1)

“OCGA § 5-6-35 (a) (1) requires an application for [a]ppeals from decisions of the superior courts reviewing decisions of state and local administrative agencies.”

Subsection (a)(1) requires a discretionary-appeal application for an appeal from a superior court decision reviewing a state administrative agency decision, even when the superior court dismissed the appeal.

BUSBEE v. MARK BUTLER, COMMISSIONER OF GEORGIA DEPARTMENT OF LABOR · filed 2023-07-12(a)(1)

Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . state . . . administrative agencies . . . by petition for review” must be made by filing an application for discretionary appeal. See State of Ga. v. Intl. Keystone Knights of the Ku Klux Klan, 299 Ga. 392, 408 (5) (788 SE2d 455) (2016). An application is required even if the superior court dismisses the appeal. See Hardwick v. Barnes, 193 Ga. App. 127 (386 SE2d 927) (1989).

Section 5-6-35(a)(1) does not require a discretionary-review application for an appeal from a superior court's review of a Georgia Lottery Corporation decision because the corporation is not a state agency.

Seaborn Enterprise 2, LLC v. United Gaming L.L.C. · filed 2024-01-23(a)(1)

But the statute creating the GLC expressly provides that it is “not a state agency.” OCGA § 50-27-4. A superior court order reviewing a GLC decision therefore “does not fall within the ambit of OCGA § 5-6-35 (a) (1),” and an application for discretionary review thus is not required here.

Subsection (a)(1) requires a discretionary application for a superior court order reviewing a decision of a state or local administrative agency.

Usher v. Frank O'connell, in His Official Capacity as Commissioner of the Georgia Department of Revenue · filed 2025-04-25(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required from superior court orders “reviewing decisions of . . . state and local administrative agencies[.]”

Subsection (a)(1) requires a discretionary application to appeal a superior court order reviewing a decision of a local administrative agency.

DERRICK DAMECO BLASSINGAME v. DEKALB COUNTY GOVERNMENT · filed 2025-04-25(a)(1)

Under OCGA § 5-6-35 (a) (1), a discretionary application is required from superior court orders “reviewing decisions of . . . local administrative agencies[.]” “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an application to appeal a superior court decision reviewing a state administrative agency, including a Revenue Commissioner decision except in ad valorem tax cases.

Schieffelin & Co. v. Strickland · filed 1984-09-26

Appeals from decisions of the superior courts reviewing decisions of state administrative agencies, including decisions of the Revenue Commissioner (except cases involving ad valorem taxes), require an application to appeal made pursuant to OCGA § 5-6-35.

Section 5-6-35 requires an application to appeal an order denying an extraordinary motion for new trial when that motion is separate from the original appeal.

AMERICAN DRUGGISTS INSURANCE COMPANY v. Harris · filed 1984-11-16

On July 1 this year, OCGA § 5-6-35 was amended to require applications to appeal orders denying extraordinary motions for new trial when separate from an original appeal. ... The extraordinary motion for new trial, having been filed after the overruling of the original motion for new trial, is separate from the original motion for new trial and therefore is separate from the original appeal. ... There being no application to appeal the order overruling the extraordinary motion for new trial, the appeal is dismissed.

Section 5-6-35 requires an application to appeal an order denying an extraordinary motion for new trial when the appeal is separate from the original appeal, and that requirement applies in criminal cases.

Pitts v. State · filed 1985-04-30(a)(7)

Effective July 1, 1984, OCGA § 5-6-35 was amended to require applications to appeal orders denying extraordinary motions for new trial when separate from an original appeal. OCGA § 5-6-35 (a) (7), Ga. L. 1984, p. 599. We have rendered a decision applying this section to a civil case, American Druggist Ins. Co. v. Harris, 253 Ga. 535 (322 SE2d 496) (1984). We now hold it applies to criminal cases as well. There being no application to appeal the trial court's order in this case, the appeal is dismissed.

Section 5-6-35(a)(7) requires an application for appeal when an appeal from the denial of an extraordinary motion for new trial is separate from an original appeal, and compliance with the statute is jurisdictional.

Crews v. State · filed 1985-07-03(a)(7)

OCGA § 5-6-35 (a) (7), which became effective July 1, 1984, provides that an application for appeal is required for “[a]ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial; . . .” Where applicable, requirements of OCGA § 5-6-35 are jurisdictional and the appellate court has no authority to accept an appeal in the absence of compliance with these statutory provisions. Accordingly, appellant’s failure to obtain an order of this court permitting the filing of the instant appeal must result in its dismissal.

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

Hughes v. State · filed 1985-10-16(a)(7)

OCGA § 5-6-35 (a) (7) provides that appeals from the denial of an extraordinary motion for new trial, when separate from the original appeal, require an application to appeal. No such application has been filed. We would therefore have had to dismiss defendant’s appeal for failure to follow the procedures set forth in OCGA § 5-6-35 (a) (7).

Section 5-6-35 requires an application to appeal an order denying an extraordinary motion for new trial when that appeal is separate from the original appeal, and the requirement applies in criminal cases.

Doby v. State · filed 1986-05-28(a)(7)

Effective July 1, 1984, OCGA § 5-6-35 was amended to require applications to appeal orders denying extraordinary motions for new trial when separate from an original appeal. The section applies to criminal cases. OCGA § 5-6-35 (a) (7), Ga. L. 1984, p. 599.

Section 5-6-35(a)(7) makes an appeal from an order denying an extraordinary motion for new trial discretionary when it is separate from the original appeal.

Davis v. State · filed 1987-04-28(a)(7)

Appeals from orders denying extraordinary motions for new trial, when separate from an original appeal, are now discretionary appeals.

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

Martin v. State · filed 1987-11-17(a)(7)

Appeal from the denial of such a motion must be by application when separate from the original appeal, as is the case here.

Section 5-6-35(a)(7) requires compliance with the application procedures for an appeal separate from an original appeal when appealing the denial of an extraordinary motion for new trial.

Scott v. State · filed 1991-07-15(a)(7)

The appeal in Case No. A91A1284 is dismissed for want of jurisdiction, based on the appellant’s failure to follow the application procedures applicable to “[a]ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial.” OCGA § 5-6-35 (a) (7).

An appeal from the denial of an extraordinary motion for new trial, when separate from any original appeal, must be made by application.

Turner v. Binswanger · filed 1992-02-26(7)

An appeal from the denial of an extraordinary motion for new trial, when as in the case sub judice is separate from any original appeal, must be made by application. OCGA § 5-6-35 (7).

Section 5-6-35(a)(7) does not confer direct appellate jurisdiction to review issues that could and should have been raised in a timely motion for new trial.

Bohannon v. State · filed 1992-03-13(a)(7)

Whatever else OCGA § 5-6-35 (a) (7) means, it does not purport to confer direct appellate jurisdiction to consider the merits of issues that could and should have been raised in a timely motion for new trial.

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

Gibbs v. State · filed 1994-05-02(a)(7)

A notice of appeal from this denial alone finally brings the case to this court. The notice of appeal specifically states it is from the order denying the motion and makes no reference to the judgment of conviction. OCGA § 5-6-35 (a) (7) requires such an independent appeal to proceed by application. Since a direct appeal was permitted but not properly taken, the appeal must be dismissed.

Section 5-6-35 requires a discretionary appeal for an appeal from the denial of an extraordinary motion for new trial when that appeal is separate from the original direct appeal.

Hooks v. State · filed 1993-08-19(a)(7)

Appeals from the denial of extraordinary motions for new trial, when separate from an original direct appeal, are subject to the discretionary appeal procedure of OCGA § 5-6-35.

Section 5-6-35(a)(7) requires an appeal from a final ruling on an extraordinary motion for new trial to be pursued independently.

Tanthongsack v. State · filed 1995-02-27(a)(7)

After filing his notice of appeal to this court, appellant filed an extraordinary motion for new trial in the trial court. Any issue raised in that motion is beyond the scope of this appeal. An appeal from the final ruling on that motion must be pursued independently pursuant to OCGA § 5-6-35 (a) (7).

Section 5-6-35(d) permits a motion for new trial to be filed before the discretionary appeal application, which must then be filed within 30 days after final disposition of the motion; the statute does not itself bar such a motion.

Wells v. State · filed 1999-02-22(d)

OCGA § 5-6-35 itself contemplates that a motion for new trial may be filed before discretionary application is made: “When a motion for new trial. . . has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” OCGA § 5-6-35 (d). OCGA § 5-6-35 in and of itself, therefore, does not foreclose the filing of a motion for new trial.

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

Schweitzer v. State · filed 2012-07-19(a)(7)

However, orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Milton Harshaw, Jr. v. State · filed 2012-08-09(a)(7)

Second, even if Harshaw had filed a timely notice of appeal, orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Middleton v. State · filed 2012-12-19(a)(7)

To appeal from an order denying an extraordinary motion for new trial, a party must file an application for discretionary appeal.

Section 5-6-35 (a) (7) requires a party seeking to appeal an order denying an extraordinary motion for new trial to file an application for discretionary appeal.

Augusta v. Hera Lighting, L. P. · filed 2013-05-23(a)(7)

To appeal from an order denying an extraordinary motion for new trial, a party must file an application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Simon v. State · filed 2013-09-05(a)(7)

Orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Wilson v. State · filed 2013-09-27(a)(7)

Pursuant to OCGA 5-6-35 (a) (7), orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal.

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

Howard v. State · filed 2014-01-21(a)(7)

Second, even if Howard had filed a timely notice of appeal, orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal.

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

Castro v. State · filed 2014-01-23(a)(7)

In substance, therefore, the petition is an extraordinary motion for new trial. And under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

Subsection (a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application rather than direct appeal.

Huey v. State · filed 2014-06-23(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.1 OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Durden v. State · filed 2014-09-15(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed through an application for discretionary appeal.

Broyard v. State · filed 2014-10-09(a)(7)

However, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Prather v. State · filed 2014-10-17(a)(7)

However, an order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Long III v. State · filed 2015-05-05(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application. See OCGA § 5-6-35 (a) (7).

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

Parris v. State · filed 2015-08-10(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Thus, Parris is not entitled to a direct appeal from the orders he challenges, and this direct appeal is hereby DISMISSED.

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

Crews v. State · filed 2015-09-11(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Becoats v. State · filed 2015-11-23(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal.1 See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Franklin v. State · filed 2016-02-18(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary review. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Strickland v. State · filed 2016-02-18(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Pyburn v. State · filed 2016-06-10(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Appeals from the denial or dismissal of an extraordinary motion for new trial must follow the discretionary appeal procedure.

Tred Wright v. State · filed 2016-09-09(a)(7)

Under OCGA § 5-6-35 (a) (7), appeals from the denial or dismissal of an extraordinary motion for new trial must comply with the discretionary appeal procedure.

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

Green v. State · filed 2016-09-20(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary review. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Reese v. State · filed 2017-01-19(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Taylor v. State · filed 2017-02-07(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Dunson v. State · filed 2017-04-27(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). Accordingly, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Early Arnold Connelly v. State · filed 2017-05-17(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Brown v. State · filed 2017-06-08(a)(7)

As we have told Brown previously, orders denying extraordinary motions for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Meriwether v. State · filed 2017-08-25(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires discretionary-appeal procedures for appellate review of an order denying an extraordinary motion for new trial.

Pickard v. State · filed 2017-09-15(a)(7)

Because the underlying issue involved the denial of an extraordinary motion for new trial, Pickard was required to follow the discretionary appeal procedures to obtain appellate review. See OCGA § 5-6-35 (a) (7); Rebich, supra.

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

Windhom v. State · filed 2017-10-11(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Mason v. State · filed 2017-10-11(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

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

Hood v. State · filed 2018-06-28(a)(7)

As the appellee contends in its motion to dismiss, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Gilmore v. State · filed 2018-11-01(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7).

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

Earnest Morrow v. State · filed 2019-01-08(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Cruz v. State · filed 2019-02-11(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by application for discretionary appeal, and a direct appeal from that order is not within the Court of Appeals' jurisdiction.

Francois v. State · filed 2017-11-14(a)(7)

First, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7). We have no jurisdiction to consider a direct appeal from such an order.

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

Parson v. State · filed 2019-04-11(a)(7)

An order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Edwards v. State · filed 2019-04-30(a)(7), (b)

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

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

Reinert v. State · filed 2019-11-07(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Thomas v. State · filed 2020-06-05(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

Charles v. State · filed 2020-07-13(a)(7)

Pretermitting whether this appeal was timely filed, an order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

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

Clark v. State · filed 2020-07-20(a)(7)

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

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

Dixon v. State · filed 2020-09-17(a)(7)

Pretermitting whether Dixon timely filed his notice of appeal, an order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal.

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal under section 5-6-35(a)(7).

Owens v. State · filed 2021-03-24(a)(7)

First, to the extent Owens’s motion may be construed as an extraordinary motion for new trial, we lack jurisdiction to review the trial court’s order on direct appeal because an order denying an extraordinary motion for a new trial must be appealed by application for discretionary appeal. See OCGA § 5-6-35 (a) (7).

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal under section 5-6-35(a)(7).

Horner v. State · filed 2021-02-16(a)(7)

An order denying an extraordinary motion for new trial must be appealed by application for discretionary appeal.

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application.

Coreece L. Bridges v. State · filed 2021-12-10(a)(7)

An order denying an extraordinary motion for new trial must be appealed by discretionary application.

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application.

Kendrick D. Heath v. State · filed 2022-08-05(a)(7)

As stated in our dismissal order in Case No. A19A2163, an order denying an extraordinary motion for new trial must be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

Section 5-6-35(a)(7) requires an order denying an extraordinary motion for new trial to be appealed by discretionary application.

BQE HOSPITALITY GROUP, INC. D/B/A THE BQE RESTAURANT & LOUNGE v. LIGHTNER · filed 2022-09-28(a)(7)

An order denying an extraordinary motion for new trial may only be appealed by discretionary application.

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

Harris v. State · filed 2023-08-21(a)(7)

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

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

Chadrus Brown v. State · filed 2024-08-05(a)(7), (b)

An appeal from an order denying an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Moses v. State · filed 2024-08-15(a)(7)

An appeal from an order denying an extraordinary motion for new trial must be made by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 requires an application for discretionary appeal to challenge an order denying an extraordinary motion for new trial.

Hillman v. State · filed 2026-03-10(a)(7), (b)

An appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35(a)(7), (b); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

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

Lemery v. State · filed 2026-04-29(a)(7)

Rather, an appeal from an order denying an extraordinary motion for new trial must be initiated by filing an application for discretionary appeal.

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

Slaughter v. State · filed 2019-09-23(a)(7)

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

An appeal from the denial of an extraordinary motion for new trial, separate from the original appeal, requires an application under § 5-6-35(a)(7).

Williams v. State · filed 1994-03-04(a)(7)

This appeal “is dismissed for want of jurisdiction, based on the [defendant’s] failure to follow the application procedures applicable to ‘(a)ppeals, when separate from an original appeal, from the denial of an extraordinary motion for new trial.’ OCGA § 5-6-35 (a) (7). See Pitts v. State, 254 Ga. 298 (328 SE2d 732) (1985); McDonald v. State, 180 Ga. App. 713 (350 SE2d 581) (1986).” Scott v. State, 200 Ga. App. 481 (1) (408 SE2d 495).

Section 5-6-35(a)(4) permits discretionary appeals in garnishment cases, but it does not eliminate the separate interlocutory-appeal requirements for reviewing an interlocutory order.

Nathan v. Branch Banking and Trust Company · filed 2017-05-17(a)(4)

Although appeals in garnishment cases are typically by discretionary application, see OCGA § 5-6-35 (a) (4), “the discretionary-application statute, OCGA § 5-6-35, does not allow a party to ignore the interlocutory-application subsection, OCGA § 5-6-34 (b), when attempting to obtain appellate review” of an interlocutory order.

Appeals in cases involving garnishment must be initiated by a discretionary application filed with the Court of Appeals.

Patel v. Atlanta Public Schools · filed 2015-03-24(a)(4) and (b)

However, 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). Patel’s failure to follow the required procedure deprives this Court of jurisdiction, and these appeals are accordingly DISMISSED.

Section 5-6-35(a)(4) requires appeals from cases involving garnishment to be taken by application for discretionary appeal.

Voight v. Orr · filed 1985-01-07(a)(4)

OCGA § 5-6-35 (a) (4), as amended effective July 1, 1984 (Ga. L. 1984, pp. 599, 601), sets forth that appeals from cases involving garnishment shall be taken by application for discretionary appeal.

Section 5-6-35(a)(4) requires an application for discretionary appeal in appeals involving attachment, except appeals from judgments or orders granting or refusing applications for attachment against fraudulent debtors; an appeal from a third-party claimant’s traverse to an attachment falls within that requirement.

Henderson v. Smith · filed 1985-12-02(a)(4)

Effective July 1,1984, OCGA § 5-6-35 (a) was amended to include among the categories of cases which require that application for discretionary appeal must be taken “[ajppeals from cases involving garnishment or attachment, except [for judgments or orders granting or refusing applications for attachment against fraudulent debtors].” ... The present appeal is one involving attachment, but it is not an appeal from an order which granted or refused appellant’s application for a writ of attachment against Smith’s property. Rather it involves the grant of a third-party claimant’s traverse to the writ of attachment which had been previously granted to appellant. Appellant’s failure to follow the procedures for the application for discretionary appeal set forth in OCGA § 5-6-35 subjects this case to dismissal.

Section 5-6-35(a)(4) requires a discretionary appeal rather than a direct appeal in cases involving garnishment or attachment.

Jones v. Jones · filed 1986-12-01(a)(4)

OCGA § 5-6-35 (a) (4) (as amended in 1984), prescribes that a discretionary rather than a direct appeal be filed in cases involving garnishment or attachment.

Section 5-6-35(4) requires an application for an appeal in garnishment or attachment cases unless the statutory exception in § 5-6-34(a)(5) applies.

Preferred Risk Mutual Insurance v. Laube · filed 1987-01-21(4)

OCGA § 5-6-35 (4), however, mandates that an application for an appeal is required in cases involving garnishment or attachment except as provided in paragraph (5) of subsection (a) of OCGA § 5-6-34. As this case does not fit within the statutory exception, and an application for a discretionary appeal has not been filed, it must be dismissed.

Section 5-6-35(a)(4) requires an application for appeal in garnishment cases, except for the specified directly appealable attachment orders.

Thomas v. Grissom · filed 1989-04-28(a)(4)

OCGA § 5-6-35 (a) (4) provides that in cases involving garnishment, except for all judgments or orders granting or refusing applications for attachment against fraudulent debtors which are directly appealable under OCGA § 5-6-34 (a) (5) (such judgments or orders are not in issue here), an application for appeal must be taken. Inasmuch as [plaintiff] has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed.

Section 5-6-35(a)(4) requires an application for discretionary appeal from a garnishment case unless the statutory exception for attachment proceedings against fraudulent debtors applies.

Easley, McCaleb & Stallings, Ltd. v. Gateway Management · filed 1989-05-08(a)(4)

OCGA § 5-6-35 (a) (4) requires that an application for discretionary appeal be filed in “[a]ppeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code Section 5-6-34.” The exception as set forth in OCGA § 5-6-34 (a) (5) relates to judgments or orders granting or refusing applications for attachment against fraudulent debtors. Contrary to EMS’s arguments, the exception as set forth in OCGA § 5-6-34 (a) (5) is clearly not applicable here, and thus we must dismiss this appeal for EMS’s failure to follow the proper appellate procedure.

Subsection (a)(3) requires an application for discretionary appeal when a dispossessory-warrant case presents only the amount of rent due and that amount is $2,500 or less.

Castro v. Hidden Village Apartments · filed 1995-02-07(a)(3)

OCGA § 5-6-35 (a) (3) requires an application for discretionary appeal “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[.]”

Section 5-6-35(a)(4) requires an application for discretionary appeal in garnishment or attachment cases unless the direct-appeal exception in § 5-6-34(a)(5) applies.

Maloy v. Ewing · filed 1997-05-15(a)(4)

Appeals from cases involving garnishment or attachment, except as provided in paragraph (5) of subsection (a) of Code § 5-6-34, shall be by application for discretionary appeal. OCGA § 5-6-35 (a) (4). The exception allows a direct appeal from “[a]ll judgments or orders granting or refusing applications for attachment against fraudulent debtors.” OCGA § 5-6-34 (a) (5).

Section 5-6-35(a) does not make an appeal discretionary merely because it arises in a zoning context, and it does not cover a mandamus appeal limited to venue.

Chordegian v. Williams · filed 1999-06-03(a)

Indeed, neither case could support such a proposition, since OCGA § 5-6-35 (a) does not include “zoning cases” among those which are subject to its provisions. ... Nothing in OCGA § 5-6-35 provides that appeals from orders in mandamus cases which concern the issue of venue are discretionary.

Subsection (a)(1) requires a discretionary appeal application when the appeal is from a superior-court order reviewing a local administrative agency’s zoning decision.

SMD, L.L.P. v. City of Roswell · filed 2001-10-24(a)(1)

The City defendants’ motion to dismiss the appeal is denied. This is not a zoning appeal that falls within the discretionary appeals procedure of OCGA § 5-6-35 (a) (1). ... [The rule requiring a discretionary appeal application] applies only if the appeal is from an order reviewing the zoning decision of an administrative agency. ... Because the order appealed from in this case does not involve the review of the decision of a local administrative agency, we find the order is directly appealable under OCGA § 5-6-34 (a) (6).

Subsection (a)(4) requires a timely application for discretionary appeal from a garnishment judgment, with 30 days from entry of the order to file it.

Lamb v. First Union Brokerage Services, Inc. · filed 2003-10-22(a)(4)

With an exception not applicable here, appeals from garnishment judgments must be made by the filing of a timely application for discretionary appeal. ... Under OCGA § 5-6-35 (a) (4), Kang had only 30 days from March 12, 2002, the date of the entry of the order, from which to file an application for discretionary appeal.

Section 5-6-35(a)(12) requires an application for discretionary appeal in parental-rights termination cases filed on or after January 1, 2008; earlier termination orders are directly appealable as of right.

In re H. L. H. · filed 2009-04-06(a)(12)

In 2007, the General Assembly amended OCGA § 5-6-35 (a) to require an application for discretionary appeal in termination cases filed on or after January 1, 2008. ... Accordingly, the order in the instant termination case was directly appealable because the termination petition was filed before January 1, 2008.

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

Cornerstone Grill, LLC v. Calvary Portfolio Services, LLC · filed 2012-06-26(a)(4)

Pursuant to OCGA § 5-6-35 (a) (4), appeals in garnishment cases must be made by filing a timely application for discretionary appeal in this Court.

Subsection (a)(4) requires an application for discretionary appeal when the underlying case involves garnishment.

In Re: Salvatore Louis Schiappa III v. Phillips · filed 2012-12-05(a)(4)

Under OCGA § 5-6-35 (a) (4), appeals from cases involving garnishment must be made by application for discretionary appeal.

Subsection (a)(4) requires appeals in garnishment cases to be brought by timely application for discretionary appeal.

Trinity-Pryor Building, LLC v. B & L Enterprises Service Solutions, Inc. · filed 2013-07-12(a)(4)

Under OCGA § 5-6-35 (a) (4), appeals in garnishment cases must be made by filing a timely application for discretionary appeal.

Section 5-6-35(a)(4) requires appeals from cases involving garnishment to be made by application for discretionary appeal.

Watts v. Mid-First Bank, S. A. · filed 2013-09-05(a)(4)

Under OCGA § 5-6-35 (a) (4), appeals from cases involving garnishment must be made by application for discretionary appeal.

Section 5-6-35(a)(4) requires an appeal in a garnishment case to be brought by timely application for discretionary appeal.

Hollis v. Argonaut Great Central Insurance Company · filed 2013-11-01(a)(4)

The appellee is correct. Under OCGA § 5-6-35 (a) (4), appeals in garnishment cases must be made by filing a timely application for discretionary appeal.

Section 5-6-35(a)(12) provides an expedited discretionary-appeal process for termination-of-parental-rights cases while preserving a full appeal when warranted.

In the Interest Of: A. M. B. and M. B., Children (Mother) v. State of Georgia · filed 2013-10-30(a)(12)

In legislation effective January 1, 2008, the General Assembly added such appeals to the list of types of cases subject to the discretionary procedure set out at OCGA § 5-6-35. ... The discretionary appeal process provided in OCGA § 5-6-35 (a) (12) helps accomplish this goal by offering effective appellate review in an expedited manner, yet permitting a full appeal of the termination of parental rights if that is shown to be warranted.

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

Willie C. Walton, II v. Walton · filed 2014-05-13(a)(4)

Under OCGA § 5-6-35 (a) (4), appeals in garnishment cases must be made by filing a timely application for discretionary appeal. See Lamb v. First Union Brokerage Svcs., 263 Ga. App. 733, 736 (1) (589 SE2d 300) (2003). Willie Walton’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a)(4) generally provides the discretionary-application route for appeals in garnishment cases, but when an interlocutory appeal procedure also applies, the appellant must use that procedure and obtain a timely certificate of immediate review.

Views at Peachtree Corners Condominium Association, Inc. v. Becton, Dickinson, and Company · filed 2014-06-30(a)(4)

Although appeals in garnishment cases are typically by discretionary application, see OCGA § 5-6-35 (a) (4), where both discretionary and interlocutory application procedures apply, the applicant must follow the interlocutory appeal procedure and obtain a timely certificate of immediate review before filing an application.

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

Burrowes v. Sheffield Properties, LLC · filed 2015-07-23(a)(4), (b)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal filed with this Court. 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)(1) requires an application for discretionary appeal in zoning cases, including when a party seeks review of a zoning decision through a superior-court action.

Edwards v. City of Warner Robins, Georgia · filed 2015-08-06(a)(1)

All appeals in zoning cases require an application for discretionary appeal. See OCGA § 5-6-35 (a) (1); Nelson v. Fulton County, 262 Ga. App. 382, 382-383 (585 SE2d 710) (2003); see also Dunlap v. City of Atlanta, 272 Ga. 523, 523-524 (531 SE2d 702) (2000) (an application for discretionary appeal is required even when a party seeks to attack an administrative decision by way of filing suit in superior court, rather than by seeking an administrative appeal); O S Advertising Co. of Ga., Inc. v. Rubin, 267 Ga. 723, 724 (1) (482 SE2d 295) (1997) (“If the underlying subject-matter is zoning, an application for discretionary appeal must be filed.”). Here, although the Edwardses initiated this action with a complaint filed in the superior court, rather than by seeking certiorari review in the superior court, they effectively sought review of a zoning decision. Accordingly, this appeal is ordered DISMISSED.

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

Bbgn & K, LLC v. Greenblum and Bernstein, Plc · filed 2015-10-27(a)(4), (b)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court. 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)(4) requires an appeal in a garnishment case to be initiated by an application for discretionary appeal.

Columbia National Insurance Company v. Benning Construction Co. · filed 2016-04-25(a)(4)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court. OCGA § 5-6-35 (a) (4); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35 requires appeals in garnishment cases to be initiated by an application for discretionary appeal, subject to the statutory exception.

Overend v. Keybank National Association · filed 2016-05-16(a)(4), (b)

Under OCGA § 5-6-35 (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) and (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35(a)(1) requires a discretionary-appeal application for an appeal from a superior court's review of a local government zoning decision.

Schumacher v. City of Roswell · filed 2016-06-01(a)(1)

Under these circumstances, we conclude that the plaintiffs’ appeal was from the superior court’s review of a local government zoning decision, requiring appeal by discretionary application under OCGA § 5-6-35 (a) (1). See Trend Dev. Corp., 259 Ga. 425-426 (1).

Section 5-6-35(a)(1) requires an application for discretionary appeal when a superior court reviews a decision of a local administrative agency; when that procedure is required, a direct appeal is unauthorized and must be dismissed for lack of jurisdiction.

Schumacher v. City of Roswell · filed 2017-06-30(a)(1)

If a direct appeal of a judgment is not authorized under OCGA § 5-6-34 because the appealing party was required to pursue the discretionary application process set forth in OCGA § 5-6-35, the appellate court does not have jurisdiction to hear the merits of the appeal, and therefore, must dismiss it.

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

Wells Fargo Bank, National Association (Inc.) v. Pharis · filed 2017-07-28(a)(4) and (b)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court. OCGA § 5-6-35 (a) (4) and (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997). Because Wells Fargo Bank failed to follow the required procedure, this appeal is DISMISSED for lack of jurisdiction.

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

Alpha Balanced Fund, LLP v. Reid Investments Jv · filed 2017-12-04(a)(4), (b)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court. 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)(4) requires an appeal in a garnishment case to be initiated by an application for discretionary appeal.

Gray v. Meadow Trace Homeowners Association, Inc. · filed 2017-11-14(a)(4)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court. OCGA § 5-6-35 (a) (4); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35(a)(4) requires a discretionary application for appeals from cases involving garnishment or attachment, while subsection (j) permits granting such an application when the order is subject to direct appeal.

Renault v. Noble · filed 2019-04-11(a)(4), (j)

In her application brief, Renault states that she filed an application pursuant to OCGA § 5-6-35 (a) (4), which requires a discretionary application in appeals from cases “involving garnishment or attachment.” However, this is a tort action, and it does not fall within OCGA § 5-6-35 (a) (4).1 Rather, the trial court’s order is directly appealable as a final judgment under OCGA § 5-6-34 (a) (1). ... Ordinarily, we will grant a timely application for discretionary appeal when the lower court’s order is subject to direct appeal. See OCGA § 5-6-35 (j).

In garnishment cases, OCGA § 5-6-35(a)(4) and (b) require an application for discretionary appeal before an appeal may be initiated.

Gowen Oil Company Inc. v. Edgefield Holding, LLC · filed 2020-05-04(a)(4) and (b)

Appeals in cases involving garnishment, however, must be initiated by an application for discretionary appeal filed with this Court.

Section 5-6-35(a)(4) and (b) generally require garnishment appeals to begin with a discretionary-review application, but the interlocutory-appeal procedure controls when both procedures apply.

Ugwonali Law Group, LLC v. Cherokee Funding, LLC · filed 2021-01-13(a)(4), (b)

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

Section 5-6-35(a)(4) generally requires a discretionary appeal in a garnishment case, but that procedure does not replace the interlocutory-appeal requirements for a nonfinal order.

Holland v. Guaranty Solutions Recovery Fund I, L.P. · filed 2021-02-16(a)(4)

Generally, a party must follow the discretionary appeal procedure to appeal an order in a garnishment case. See OCGA § 5-6-35 (a) (4). However, this case is still pending below.

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

Northwest Medical Center, LLC v. Doctor's Anti-Aging Institute, Inc. · filed 2022-03-14(a)(4)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal filed with this Court.

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

Jerry Lee Thomas, III v. City of Hinesville · filed 2022-07-14(a) (1), (b)

Appeals from superior court decisions reviewing lower court decisions in traffic cases must be initiated by filing an application for discretionary appeal. See OCGA § 5-6-35 (a) (1), (b); Brown v. City of Marietta, 214 Ga. App. 840, 842 (1) (449 SE2d 540) (1994).

Section 5-6-35 (a) (4) requires an application for discretionary appeal when the case involves garnishment.

Denhardt v. Residential Funding Company, LLC · filed 2023-05-08(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); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Subsection (a)(5) requires an application for discretionary appeal to obtain review of a probation revocation, and compliance with that procedure is jurisdictional.

Hines v. State · filed 2024-08-01(a)(5)

Because the underlying subject matter of this appeal is the revocation of Hines’s probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

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

Liberty Auto Finance, LLC v. James W. Green Revocable Trust · filed 2024-11-01(a)(4)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal filed with this Court, subject to exceptions not applicable here. See OCGA § 5-6-35 (a) (4); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35 (a) (4) provides for discretionary appeals in garnishment cases, but when interlocutory-appeal requirements also apply, the applicant must use the interlocutory procedure and obtain a timely certificate of immediate review.

Gebo Law, LLC. v. Bryan Cave Leighton Paisner, LLP · filed 2025-02-10(a)(4)

Although appeals in garnishment cases are typically brought by discretionary application, see OCGA § 5-6-35 (a) (4), where both discretionary and interlocutory application procedures apply, the applicant must follow the interlocutory appeal procedure and obtain a timely certificate of immediate review before filing an application.

Section 5-6-35(a)(4) and (b) require an appeal in a garnishment case to be initiated by an application for discretionary appeal, subject to statutory exceptions.

City of Atlanta, as Successor to Thomas I. Puett v. Popmenu, Inc. · filed 2026-05-04(a)(4), (b)

Appeals in cases involving garnishment must be initiated by an application for discretionary appeal, subject to exceptions not applicable here. See OCGA § 5-6-35 (a)(4), (b); Maloy v. Ewing, 226 Ga. App. 490, 491 (486 SE2d 708) (1997).

Section 5-6-35(a)(4) requires a party to use the discretionary-appeal procedure to appeal an order in a garnishment case, but it does not eliminate the additional interlocutory-appeal requirements for a nonfinal order.

Crooms Inc D/B/A Crooms Quality Cars v. Convenience Stores Inc D/B/A Freshway Market · filed 2019-09-23(a)(4)

Generally, a party must follow the discretionary appeal procedure to appeal an order in a garnishment case. See OCGA § 5-6-35 (a) (4). ... Although Crooms did file a discretionary application, OCGA § 5-6-35, which governs discretionary appeal procedure, does not excuse a party seeking appellate review of an interlocutory order from complying with the additional requirements of OCGA § 5-6-34 (b).

Section 5-6-35(a)(4) requires an application for appeal in garnishment cases; an appeal filed without an order permitting it must be dismissed.

Howell v. Howell · filed 1986-07-03(a)(4)

Inasmuch as appellant has failed to obtain an order of this court permitting the filing of an appeal pursuant to OCGA § 5-6-35 (a) (4), the appeal must be dismissed.

Appeals involving garnishment require a discretionary application even when the appealed order concerns contempt, because the underlying subject matter controls.

Alexander Law Firm, P.C. v. 2925 Properties, LLC · filed 2016-09-22(a)(4), (b)

While judgments and orders in contempt cases may be directly appealable under OCGA § 5-6-34 (a) (2), it is the underlying subject matter of the appeal that controls. ... Thus, Alexander Law Firm was required to follow the discretionary application procedure.

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

Smith v. Dlj Mortgage Capital, Inc. · filed 2017-04-19(a)(1), (d)

“[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 and citation omitted); see also OCGA §§ 5-6-35 (a) (1), (d). Smith’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 an application for discretionary review in specified categories of cases, making a direct appeal improper when the case falls within those categories.

Williamson v. Department of Public Safety · filed 1985-01-07

Since the instant appeal falls within the categories of cases for which there must be an application for discretionary review under OCGA § 5-6-35, the instant direct appeal is therefore improper.

Section 5-6-35(a)(11) requires an application for discretionary appeal, rather than a direct appeal, to bring State Court decisions reviewing magistrate court decisions to the Court of Appeals.

McSmith v. Marshall · filed 1990-01-25(a)(11)

OCGA § 5-6-35 (a) (11) requires that such decisions of the State Court be brought to this court by application for a discretionary appeal rather than by direct appeal. Appellant has failed to follow these mandatory procedures. Therefore, this appeal must be dismissed.

Section 5-6-35(a)(8) requires an application for discretionary review of a judgment of this kind rather than a direct appeal.

Marshall v. Gatison · filed 1990-10-24(a)(8)

As such, OCGA § 5-6-35 (a) (8) controls, providing for discretionary review of such a judgment. By directly appealing and not filing an application for review, appellants have failed to engage the jurisdiction of this court.

Section 5-6-35(a)(8) requires an application for discretionary review when the appeal falls within that provision.

Faircloth v. Greiner · filed 1990-10-18(a)(8)

Assuming without deciding that the trial court’s order denying the motion to set aside the judgment did contain an injunction, appellants’ failure to file an application seeking discretionary review of the denial of the motion to set aside requires dismissal of this appeal.

Section 5-6-35(d) requires an application for discretionary review to be filed with the Court of Appeals clerk within 30 days after entry of the judgment.

Sapp v. Gem Line, Inc. · filed 1997-01-21(d)

Rather, the Georgia Constitution bestowed subject-matter jurisdiction of the application on the Court of Appeals (1983 Ga. Const., Art. VI, Sec. V, Par. III), and OCGA § 5-6-35 (d) required Sapp to file the application with the Clerk of the Court of Appeals within 30 days of the entry of the judgment.

Subsection (h) makes an application for discretionary review a supersedeas that deprives the trial court of jurisdiction to modify or alter its judgment.

Department of Human Resources v. Holland · filed 1999-02-05(h)

The filing of an application for discretionary review acts as a supersedeas and has the effect of depriving the trial court of jurisdiction to modify or alter its judgment.

Section 5-6-35(a)(1) requires an application for an appeal when a party seeks appellate review of a trial-court ruling reviewing a state-agency decision through mandamus or the Declaratory Judgment Act, but it does not govern an independent declaratory claim appealed directly.

Zitrin v. Georgia Composite State Board of Medical Examiners · filed 2007-10-18(a)(1)

Accordingly, this appeal is not subject to the application process mandated for discretionary appeals, and the Board’s motion to dismiss the same is denied. ... The cases cited by the State in support of its motion to dismiss hold that if a party, instead of directly appealing the decision of a state agency, attempts to use mandamus or the Declaratory Judgment Act as a means of seeking a review of the agency decision, then an appeal from the trial court’s grant or denial of the requested relief falls within the ambit of OCGA § 5-6-35. ... Given that Zitrin’s complaint asserted a claim for declaratory relief that was independent of the Board’s decision he sought to have reviewed under the APA, these cases are not controlling.

Section 5-6-35(c) requires an application for discretionary review to include a copy of the order being appealed, and compliance with that requirement is jurisdictional.

Wintz v. Deutsche Bank National Trust Co · filed 2012-05-17(c)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (b), an application for discretionary review must include a copy of the order being appealed. As the applicant, Wintz bears the burden of establishing that her application should be granted. ... In the absence of the appealable order, we are unable to assume jurisdiction. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989) (“The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.”).

Section 5-6-35 generally permits discretionary review of a directly appealable order, but the application must be filed within 30 days after entry of the order or judgment.

Willis v. State · filed 2012-06-06(d), (j)

Ordinarily, when a party applies for discretionary review of a directly appealable order, we grant the application under OCGA § 5-6-35 (j). To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga App 582 (420 SE2d 393) (1992).

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

Washington v. Burns · filed 2012-06-21

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

Subsection (d) requires a party seeking discretionary review to file an application with the appellate court within 30 days after the order is entered.

Morris v. Hunt · filed 2013-05-17(d)

Under OCGA § 5-6-35 (d), the party wishing to appeal must file an application for discretionary review with the appellate court within 30 days of entry of the order at issue.

Subsection (a)(8) requires an application for discretionary review before appealing an order denying a motion to set aside under OCGA § 9-11-60 (d).

Anzo v. Wells Fargo Bank, N.A. · filed 2013-07-01(a)(8)

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

Subsection (a)(8) requires an appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60(d) to be taken by application for discretionary review.

Fender v. Branch Banking and Trust Co. · filed 2014-12-25(a)(8)

An appeal from an order denying a motion to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for discretionary review. See OCGA § 5-6-35 (a) (8); Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640 SE2d 688) (2006).

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

Harrell v. J. Nevin Smith · filed 2015-02-18

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 reviews a lower court's decision by certiorari or de novo proceedings.

James v. First Horizon Home Loans · filed 2015-04-13(a)(1)

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

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

Gaye v. Najarian Capital, LLC · filed 2016-04-04(a)(1)

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

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

Carswell v. State · filed 2016-06-10(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. See OCGA §5-6-35 (d); Hill vState, 204 Ga. App. 582, 583 (420 SE2d 393) (1992).

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

Clark v. State · filed 2016-10-25(a)(7)

Clark filed a timely notice of appeal therefrom, but appeals from the denial or dismissal of an extraordinary motion for a new trial must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga. App. 327, 329 (489 SE2d 129) (1997).

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

In Re: Marine Houston · filed 2016-10-28(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(c) requires an application for discretionary review to include a copy of the order being appealed.

Thompson v. Wilmington Trust, N.A., as Successor Trustee to Citibank, N.A. · filed 2017-01-20(c)

Pursuant to OCGA § 5-6-35 (c) and Court of Appeals Rule 31 (c), an application for discretionary review must include a copy of the order being appealed.

Section 5-6-35(d) makes timely filing of an application for discretionary review a jurisdictional prerequisite, so the court must be able to determine that the application was filed within 30 days of entry of the order.

Carr v. State · filed 2017-03-16(d)

Without such a copy of the order, we cannot ascertain if the application was filed within 30 days of the day it was entered by the trial court clerk, which is a jurisdictional prerequisite. See OCGA § 5-6-35 (d); Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989).

Section 5-6-35 requires a party seeking appellate review in a covered civil action to file an application for discretionary appeal, and failure to do so deprives the appellate court of jurisdiction over a direct appeal.

Spottsville v. State Board of Pardons and Parole · filed 2017-07-19

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

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

Jones v. State · filed 2017-09-15(b)

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

Subsection (b) requires a party wishing to appeal in a qualifying civil case to file an application for discretionary review.

Turner v. Hugh v. Wingfield, Judge · filed 2017-12-12(b)

Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6-35.” And under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary review to the appropriate appellate court.