Ga. Code Ann. § 5-6-35

Subsection (b) requires a party seeking appellate review in a covered civil case to file an application for discretionary review rather than pursue a direct appeal.

Hargreaves v. Mathis · filed 2018-06-04(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. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider Hargreaves’s direct appeal.

Section 5-6-35(b) requires a prisoner appealing a civil action to seek discretionary review by application rather than take a direct appeal.

Riggs v. Meg Heap, District Attorney · filed 2018-06-26(b)

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

Section 5-6-35(a)(1) and (b) require an application for discretionary review before appealing a superior-court decision reviewing a lower-court decision by certiorari or de novo proceedings, even when the superior court dismisses the action.

Rick Warren v. City of Atlanta · filed 2018-08-27(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); see Taylor v. City of Atlanta, 184 Ga. App. 795, 795-796 (363 SE2d 45) (1987). Compliance with the discretionary appeal procedure is required even where the superior court dismisses the action. See Taylor, 184 Ga. App. at 796; accord Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351, 351 (317 SE2d 327) (1984).

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

Dwayne Ladexter Meadows v. Georgia Department of Pardons and Paroles · filed 2018-09-26

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

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 review.

Housing Authority of Savannah v. Louder · filed 2017-02-07(a)(11)

An appeal from a state court order disposing of a de novo appeal from a magistrate court decision must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (11); Strachan v. Meritor Mtg. Corp. East, 216 Ga. App. 82 (453 SE2d 119) (1995).

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 its requirements are jurisdictional.

Anthony v. State · filed 2019-08-21(d)

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

Section 5-6-35 requires a prisoner appealing a civil action to file an application for discretionary review.

Borders v. Smith · filed 2019-11-12

Thus, Borders was required to file an application for discretionary review under OCGA § 5-6-35, and his failure to do so requires dismissal.

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

Battle v. Walter Berry, Warden · filed 2020-07-13

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

HARRELL v. BANK OF AMERICA, N.A. · filed 2021-12-06(a)(8)

As a general rule, an appeal from an order denying a motion to set aside brought under OCGA § 9-11-60 (d) must be initiated by filing an application for discretionary review.

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

Jatta v. State · filed 2022-09-15(d)

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

Section 5-6-35 requires a discretionary-appeal application when the underlying subject matter is listed in subsection (a), including appeals from superior-court decisions reviewing lower-court decisions by certiorari or de novo proceedings.

Nichole Auguster v. Empson Invesments, LLC · filed 2023-04-10(a)(8), (a)(1)

Second, a discretionary application is required when the “underlying subject matter” is listed in OCGA § 5-6-35 (a); “the discretionary application procedure must be followed, even when the party is appealing a judgment or order that is procedurally subject to a direct appeal under OCGA § 5-6-34 (a).” Rebich v. Miles, 264 Ga. 467, 468 (448 SE2d 192) (1994). Under OCGA § 5-6-35 (a) (1), appeals from superior court decisions reviewing lower court decisions by certiorari or de novo proceedings must be initiated by filing an application for discretionary appeal. Because this case originated as an appeal of a magistrate court decision, Auguster was required to file a discretionary application in order to appeal. See Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

Simmons v. State · filed 2023-07-12(d)

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

Section 5-6-35 (a) (8) requires an application for discretionary appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d), and compliance with that procedure is jurisdictional.

Clark v. Anderson · filed 2023-07-12(a)(8)

Moreover, an appeal from an order denying a motion to set aside under OCGA § 9-11-60 (d) must come 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). Thus, Clark’s failure to comply with the discretionary application procedures set forth in OCGA § 5-6-35 deprives us of jurisdiction over this appeal.

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

Burris v. Burris · filed 2023-09-08(d)

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

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

Alsahlani v. Sayhoud · filed 2023-11-14(d)

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

Section 5-6-35 requires a prisoner’s appeal in a civil action to be initiated by an application for discretionary review, and compliance with that procedure is jurisdictional.

Rodger Redden v. Beasley · filed 2024-02-21

Under the Prison Litigation Reform Act of 1996, an appeal in a civil action filed by a prisoner must be initiated by filing an application for discretionary review. See OCGA § 42-12-8, cross-referencing OCGA § 5-6-35; Jones v. Townsend, 267 Ga. 489, 490 (480 SE2d 24) (1997). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because Redden was incarcerated when he filed this civil action, his failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal.

Section 5-6-35 (a)(2) requires a party seeking review of a final divorce decree to file an application for discretionary review before the Court of Appeals can consider the challenge.

Markell Brewer v. Tamarah Brewer · filed 2024-04-29(a)(2)

Although Markell does not specify what he intends to file in this Court, pursuant to OCGA § 5-6-35 (a) (2), Markell must file an application for discretionary review in order for this Court to consider his challenge to the final divorce decree.

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

Dunn v. Dunn · filed 2024-05-10(d)

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

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

Smith v. Walton Residential Services · filed 2024-05-24(a)(1), (b)

Appeals from superior court decisions reviewing lower court decisions must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Smith’s failure to follow the proper procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Kendra Dale v. Morris · filed 2024-08-02(a)(1)

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

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

David Little, II v. Harmon · filed 2024-11-01

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

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

AISM ENTERPRISE, LLC v. ACE HOMES HOLDINGS, LLC · filed 2025-08-05(a)(1), (b)

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

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

Jordan Smith v. State · filed 2025-09-23(d)

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

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

Bradley v. Dass · filed 2025-10-03(d)

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

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

STEWART v. MY RENTALS, LLC · filed 2025-10-20(a)(1), (b)

This Court previously informed Stewart that appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003).

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

COLLINS v. FLOWER BED CREATIONS · filed 2025-11-04(a)(1), (b)

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

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

Roosevelt Lee, Jr v. State · filed 2026-01-07(d)

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

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

McGee v. Boundless Management, LLC · filed 2026-02-06(a)(1), (b)

Second, a direct appeal is improper. Appeals from superior court decisions reviewing lower court decisions by petition for review must be initiated by filing an application for discretionary review. See OCGA § 5-6-35 (a) (1), (b); Bullock v. Sand, 260 Ga. App. 874, 875 (581 SE2d 333) (2003); see also Rebich v. Miles, 264 Ga. 467, 469 (448 SE2d 192) (1994) (“[T]he underlying subject matter generally controls over the relief sought in determining the proper procedure to follow to appeal.”). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Because this case involves a petition for superior court review of a magistrate court decision, McGee was required to file an application for discretionary review. See Bullock, 260 Ga. App. at 875.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain review of a first-offender probation revocation.

Furlow v. State · filed 2017-02-22(a)(5)

First, because the underlying subject matter of Furlow’s appeal is the revocation of his first offender probation, he was required to file an application for discretionary appeal to obtain review in this Court.

Appeals from revocation of probation may be considered only after the court grants a discretionary appeal.

Holbrook v. State · filed 1985-01-08(a)(5)

Effective July 1, 1984, appeals from revocation of probation are only considered following the grant of a discretionary appeal. OCGA § 5-6-35 (a) (5). As appellants have failed to apply for a discretionary appeal, a direct appeal will not be considered by this court.

Appeals from cases involving revocation of probation must be taken by application for discretionary appeal.

Farlar v. State · filed 1985-03-04(a)(5)

OCGA § 5-6-35 (a) (5), as amended, effective July 1, 1984 (Ga. L. 1984, p. 599), requires that appeals from cases involving revocation of probation shall be taken by application for discretionary appeal.

Section 5-6-35(a)(5) requires an appellant seeking review of a probation revocation to follow the statute's discretionary-appeal procedures, and failure to do so deprives the appellate court of jurisdiction.

Malone v. State · filed 1985-07-09(a)(5)

This is an appeal from a probation revocation. Because the appellant has not followed the discretionary appeal procedures set forth in OCGA § 5-6-35 (b, c, & d), as required by OCGA § 5-6-35 (a) (5), the appeal is hereby dismissed for lack of jurisdiction.

Section 5-6-35(a)(5) requires a discretionary appeal from an order or judgment revoking probation.

Bonner v. State · filed 1987-03-12(a)(5)

The only appealable order or judgment before us is that on the probation revocation matter, and such is appealable only as a matter of appellate discretion. OCGA § 5-6-35 (a) (5).

An appeal from a probation-revocation order must be initiated by an application filed directly with the appropriate court within 30 days of the revocation order.

Scriven v. State · filed 1986-06-25(a)(5), (d)

Appeals from orders revoking probation must be made by application filed directly with the appropriate court within 30 days of the date of the revocation order.

Section 5-6-35(a)(5) requires a discretionary appeal for an appeal from an order revoking probation.

Ponder v. State · filed 1989-05-09(a)(5)

Our examination of the record of Case No. A89A0489 reveals that this court is without jurisdiction to consider a direct appeal. An appeal from an order revoking probation is among the classes of cases requiring utilization of the discretionary appeal process. OCGA § 5-6-35 (a) (5). Case No. A89A0489 must therefore be dismissed.

Section 5-6-35(a)(5) provides the discretionary-appeal procedure for a limited State appeal from an adverse ruling on a probation-revocation petition, including denial of the petition.

State v. Huckeba · filed 2002-11-27(a)(5)

we conclude that a limited right to appeal an adverse ruling denying a probation revocation petition may be available to the State under the discretionary appeals procedure pursuant to OCGA §§ 5-6-33 and 5-6-35 (a) (5) applicable to orders revoking probation.

Section 5-6-35(a)(5) requires a discretionary-appeal application for direct appeals following probation revocations under OCGA § 16-13-2(a) filed after November 17, 2005.

Andrews v. State · filed 2005-11-17(a)(5)

Therefore, we hold that all direct appeals following probation revocations pursuant to OCGA § 16-13-2 (a) that are filed after the date of this opinion will be subject to the discretionary application procedures of OCGA § 5-6-35 (a) (5).

Section 5-6-35 requires an application filed directly with the appropriate court within 30 days to appeal an order revoking probation.

Johnson v. State · filed 1999-04-14(a)(5), (d)

Appeals from orders revoking probation must be made by application filed directly with the appropriate court within 30 days of the date of the revocation order.

Section 5-6-35 makes appeals from orders revoking probation discretionary and requires a timely application for appeal within 30 days of the revocation order.

Todd v. State · filed 1999-03-03(a)(5), (d)

Pursuant to OCGA § 5-6-35 (a) (5) & (d), appeals from orders revoking probation are discretionary and require that an application be filed with the clerk of the appropriate court within 30 days of the date of the revocation order.

Section 5-6-35(a)(5) requires an appellant seeking review of an order revoking probation to use the discretionary appeal procedure.

Chatman v. State · filed 2012-04-25(a)(5)

To appeal an order revoking probation, however, an appellant must follow the discretionary appeal procedure in OCGA § 5-6-35. See OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns the revocation of probation.

Quillian Demond Smith v. State · filed 2012-05-22(a)(5)

Because the underlying subject matter of the appeal is the revocation of Smith’s probation, he was required to file an application for discretionary appeal in order to appeal. OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). The fact that Smith also challenged his original sentence does not alter this requirement. See id.

Section 5-6-35(a)(5) requires an appeal from an order revoking probation to be brought by application rather than by direct appeal.

Young v. State · filed 2012-05-30(a)(5)

Pursuant to OCGA § 5-6-35 (a) (5), appeals from orders revoking probation must be made by application.

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

Trutt v. State · filed 2012-06-19(a)(5)

Because the underlying subject matter of Trutt’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal requirements deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Section 5-6-35(a)(5) and (d) do not apply to appeals from orders revoking a juvenile’s probation.

In the Interest Of: N. M. · filed 2012-07-05(a)(5) and (d)

Keeping these principles in mind, we hold that OCGA § 5-6-35 (a) (5) and (d) do not apply to appeals from orders revoking juveniles’ probation.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Craig v. State · filed 2012-10-18(a)(5)

Because the underlying subject matter of Craig’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998); see also Cauldwell v. State, 211 Ga. App. 417 (439 SE2d 90) (1993).

Subsection (a)(5) requires an application for discretionary appeal to challenge an order revoking probation.

Robinson v. State · filed 2013-01-10(a)(5)

Because the underlying subject matter of Robinson’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Subsection (a)(5) requires an application for discretionary appeal to appeal a probation revocation order.

Lee-Bey v. State · filed 2013-01-11(a)(5)

An application for discretionary appeal is required to appeal a probation revocation order. OCGA § 5-6- 35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). Because this Court lacks jurisdiction to consider a direct appeal from a probation revocation order, this appeal is hereby DISMISSED.

Subsection (a)(5) requires an application for discretionary appeal to appeal a probation-revocation order.

Schweitzer v. State · filed 2013-01-14(a)(5)

In addition, an application for discretionary appeal is required to appeal a probation revocation order.

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

Hodges v. State · filed 2013-04-12(a)(5)

In order to appeal the revocation of his probation, however, Hodges was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Freeman v. State, 245 Ga. App. 333, 333-334 (537 SE2d 763) (2000); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to comply with the discretionary appeal procedure deprives this court of jurisdiction to consider this appeal, which is therefore DISMISSED.

Subsection (a)(5) requires an application for discretionary review to obtain appellate review of a probation-revocation appeal.

Parham v. State · filed 2013-04-19(a)(5)

Accordingly, Parham was required to file an application for discretionary review in order to obtain appellate review. OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) requires appeals of probation-revocation matters to be brought by discretionary application rather than direct appeal.

Hayward v. State · filed 2013-07-01(a)(5)

But appeals of probation revocation matters must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the underlying subject matter is the revocation of probation.

Jones v. State · filed 2013-11-22(a)(5)

Because the underlying subject matter of both appeals is the revocation of Jones’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998). We lack jurisdiction over these direct appeals, which are therefore DISMISSED.

Section 5-6-35(a)(5) requires an appeal from an order revoking probation to be brought by application for discretionary appeal.

Rumph v. State · filed 2014-03-11(a)(5)

In this direct appeal, Wallace Dale Rumph seeks review of the trial court’s October 30, 2012, order revoking his probation. However, under OCGA § 5-6-35 (a) (5), appeals from orders revoking probation must be taken by application for discretionary appeal. Because Rumph failed to comply with the discretionary appeal procedure, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Subsection (a)(5) requires a discretionary appeal for an appeal arising from the revocation of probation.

Shepherd v. State · filed 2014-03-11(a)(5)

Because the underlying subject matter of this appeal is the revocation of Shepherd’s probation, he was required to follow the discretionary appeal procedures. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Subsection (a)(5) requires an application for discretionary appeal to appeal a probation revocation order.

Robert L. Ware, Jr. v. State · filed 2014-05-29(a)(5)

To the extent that Ware seeks to appeal from the order revoking his probation, an application for discretionary appeal is required to appeal a probation revocation order. OCGA § 5-6- 35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). Accordingly, this Court lacks jurisdiction to consider Ware’s appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires a party seeking review of a probation revocation to use the discretionary-appeal procedures.

Smith v. State · filed 2014-06-18(a)(5)

The underlying subject matter of this appeal is the revocation of Smith’s probation. Accordingly, he was required to follow the discretionary appeal procedures to obtain review before this Court. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Allen v. State · filed 2014-07-31(a)(5)

Because the underlying subject matter of the appeal is the revocation of Allen’s probation, he was required to file an application for discretionary appeal in order to appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review of a probation revocation.

Fountain v. State · filed 2014-10-29(a)(5)

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

Section 5-6-35(a)(5) permits an order revoking probation to be appealed through a discretionary-appeal application, but an interlocutory revocation order also requires compliance with § 5-6-34(b).

Wilson v. State · filed 2015-01-12(a)(5)

OCGA § 5-6-35 (a) (5) provides that an order revoking probation may be appealed by filing an application for discretionary appeal. But no final judgment has been entered in the probation revocation matter; thus, the order that Wilson wishes to appeal is interlocutory. ... Compliance with the 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). See Bailey, supra.

Section 5-6-35(a)(5) requires an appeal from an order revoking probation to be brought by timely application for discretionary appeal.

Doyle v. State · filed 2015-04-10(a)(5)

But pursuant to OCGA § 5-6-35 (a) (5), appeals from orders revoking probation must be made by timely application for discretionary appeal. Doyle’s failure to follow the discretionary appeal procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Subsection (a)(5) requires an application for discretionary appeal to obtain review of an order revoking first-offender probation.

Shurley v. State · filed 2015-05-05(a)(5)

Because the underlying subject matter of Shurley’s appeal is the revocation of her first offender probation, she was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review of a probation revocation.

Tomlinson v. State · filed 2015-05-05(a)(5)

Because the underlying subject matter of Tomlinson’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35 requires an appeal from a probation revocation to be pursued by discretionary application rather than by direct appeal.

Hayward v. State · filed 2015-08-10(a)(5)

As we stated in our order dismissing Case No. A13A2075, an appeal of a probation revocation must be made by discretionary application, not by direct appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal from an order revoking probation; there is no right to a direct appeal.

Conner v. State · filed 2015-08-12(a)(5)

A defendant does not have a right of appeal from an order revoking probation; any such appeal must come by way of an application for discretionary appeal. See OCGA § 5-6-35 (a) (5).

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

Rushing v. State · filed 2016-01-25(a)(5)

Because the underlying subject matter of this appeal is the revocation of Rushing’s probation, she was required to file an application for discretionary appeal in order to appeal.

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

Lemons v. State · filed 2016-04-25(a)(5)

An application for discretionary review is required to appeal a probation revocation order.

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

Davis v. State · filed 2016-05-11(a)(5)

Because the underlying subject matter of this appeal is the revocation of Davis’s probation, he was required to file an application for discretionary appeal in order to appeal.

Section 5-6-35(a)(5) requires a defendant appealing a probation-revocation order to seek discretionary review, and subsection (d) requires filing the application within 30 days of the challenged order.

Ingram v. State · filed 2016-09-15(a)(5), (d)

As Ingram’s motion recognizes, Georgia law provides that a defendant seeking to appeal an order revoking his probation must file an application for a discretionary appeal. OCGA § 5-6-35 (a) (5). And such an application must be filed within 30 days of the entry of the order the defendant seeks to challenge. OCGA § 5-6-35 (d).

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review of a probation revocation case, and a motion for new trial does not eliminate that requirement.

Harvey v. State · filed 2017-05-17(a)(5)

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)(5) requires an application for discretionary appeal to challenge a probation revocation.

Diego v. State · filed 2017-08-22(a)(5)

First, in order to appeal the revocation of her probation, Diego was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). Her failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal when the underlying subject matter is revocation of probation.

Rogers v. State · filed 2018-02-22(a)(5)

Because the underlying subject matter of both appeals is the revocation of Rogers’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). We lack jurisdiction over these direct appeals, which are therefore DISMISSED.

Section 5-6-35(a)(5) requires an application for discretionary appeal to challenge an order revoking probation.

Foster v. State · filed 2018-04-05(a)(5)

An application for discretionary appeal is required to appeal orders revoking probation. ... Foster’s failure to comply with the discretionary appeal procedure deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35 requires a party seeking to appeal a probation-revocation order to file a discretionary-appeal application in the Court of Appeals within 30 days after the order.

Jackson v. State · filed 2018-04-20(a)(5), (d)

To appeal an order revoking probation, a party must first file an application for discretionary appeal in this Court within 30 days of the entry of the order from which the appeal is sought.

Section 5-6-35 (a)(5) requires an appeal from an order revoking probation to be initiated by an application for discretionary review.

Vernon Jessie Wealot, Jr. v. State · filed 2018-08-09(a)(5)

An appeal from an order revoking probation must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 430-431 (1) & n. 3 (623 SE2d 247) (2005). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Wealot’s failure to follow the proper procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Subsection (a)(5) requires a discretionary-appeal application to appeal a probation revocation.

Blanton v. State · filed 2018-08-13(a)(5)

In order to appeal the revocation of his probation, however, Blanton was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) and (b) requires an application for discretionary appeal to obtain review of an appeal concerning revocation of probation.

Sullivan v. State · filed 2018-08-27(a)(5), (b)

Because the underlying subject matter of Sullivan’s appeal is the revocation of her probation, she was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) and (b) require an application for discretionary appeal to obtain review of an appeal concerning probation revocation.

Cantrell v. State · filed 2018-09-04(a)(5), (b)

Because the underlying subject matter of Cantrell’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5), (b); Jones v. State, 322 Ga. App. 269, 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires a discretionary-appeal application to obtain appellate review of a first-offender probation revocation.

Moore v. State · filed 2018-09-26(a)(5)

Because the underlying subject matter of Moore’s appeal is the revocation of his first offender probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997).

Section 5-6-35 (a)(5) requires an application for discretionary appeal to obtain review of an appeal concerning the revocation of probation.

Mays v. State · filed 2018-10-24(a)(5)

Because the underlying subject matter of Mays’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal to obtain review in this Court. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997).

Section 5-6-35(a)(5) requires an application for discretionary appeal when the appeal concerns revocation of probation.

Cruz v. State · filed 2019-02-11(a)(5)

Here, because the underlying subject matter of this appeal concerns the revocation of probation, Cruz was required to file an application for discretionary appeal.

Section 5-6-35 requires an application for discretionary appeal when the appeal concerns revocation of probation.

Asberry v. State · filed 2019-02-11(a)(5), (b)

Because the underlying subject matter of this appeal concerns the revocation of probation, Asberry was required to file an application for discretionary appeal.

Section 5-6-35(a)(5) requires an application for discretionary appeal to obtain appellate review of an order revoking probation.

Anderson v. State · filed 2016-11-21(a)(5)

Because the underlying subject matter of Anderson’s appeal is the revocation of his probation, he was required to file an application for discretionary appeal in order to obtain appellate review. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.

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

Glass v. State · filed 2017-07-04(a)(5)

In order to appeal the revocation of his probation, however, Glass was required to file an application for discretionary appeal. OCGA § 5-6-35 (a) (5); Andrews v. State, 276 Ga. App. 428, 431 (1) (623 SE2d 247) (2005). His failure to comply with the discretionary appeal procedure deprives this Court of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-35(a)(5) requires an appeal from an order revoking probation to be brought by discretionary application.

McIntosh v. State · filed 2019-04-11(a)(5)

Pursuant to OCGA § 5-6-35 (a) (5), appeals from orders revoking probation must come by discretionary application.

For an appeal from a probation-revocation proceeding, the statute requires an application for discretionary review rather than a direct appeal.

Tremble v. State · filed 2019-04-11(a)(5), (b)

An appeal in such a proceeding must be initiated by filing an application for discretionary review.

Section 5-6-35(a)(5) and (b) require an application for discretionary appeal when the underlying subject matter is the revocation of probation.

Bradshaw v. State · filed 2019-07-16(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Bradshaw’s probation, he was required to file an application for discretionary appeal in order to appeal.

Section 5-6-35(a)(5) requires discretionary appellate review for orders revoking probation, but does not require that procedure for orders revoking suspended sentences.

HENDRIX v. the STATE. · filed 2019-07-29(a)(5)

Appeals from orders revoking probation are subject to the discretionary appeal procedures of OCGA § 5-6-35 (a) (5). ... This appeal, however, was from an order revoking a suspended sentence. And “[a]n order revoking a suspended sentence is directly appealable.”

Subsections (a)(5) and (b) require an application for discretionary review to initiate an appeal from a probation-revocation proceeding, and compliance is jurisdictional.

Smith v. State · filed 2019-08-21(a)(5), (b)

An appeal in such a proceeding must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Wynn v. State · filed 2019-10-25(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation.

Subsection (a)(5) requires a discretionary appeal application to appeal an order revoking probation.

Fair v. State · filed 2020-01-28(a)(5)

An application for discretionary appeal is required to appeal orders revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). Fair’s failure to follow the required appellate procedure deprives us of jurisdiction.

Section 5-6-35(a)(5) and (b) require an application for discretionary review to initiate an appeal from an order revoking probation, and compliance with that procedure is jurisdictional.

Gerstemeier v. State · filed 2020-04-03(a)(5), (b)

An appeal from an order revoking probation must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); see Andrews v. State, 276 Ga. App. 428, 430-431 (1) & n. 3 (623 SE2d 247) (2005). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996). Gerstemeier’s failure to follow the required appellate procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED.

Subsection (a)(5) requires an application for discretionary appeal to appeal an order revoking probation.

Johnny J. Union v. State · filed 2020-04-03(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation.

Section 5-6-35(a)(5) requires an application for discretionary appeal to challenge an order revoking probation.

Curinton v. State · filed 2020-06-16(a)(5)

Pretermitting whether Curinton improperly filed his pro se notice while he was represented by counsel, an application for discretionary appeal is required to appeal orders revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Section 5-6-35 requires an application for discretionary appeal in probation-revocation cases, filed in the appropriate appellate court within 30 days, and makes those requirements jurisdictional.

Butler v. State · filed 2020-07-13(a)(5), (b), (d)

Because the underlying subject matter of this appeal is the revocation of Butler’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5), (b); ... “Compliance with the discretionary appeals procedure is jurisdictional.” ... An application for discretionary review must be filed in the appropriate appellate court. OCGA § 5-6-35 (d); ... Both an application for discretionary appeal and a direct appeal must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA §§ 5-6-35 (d), 5-6-38 (a). The requirements of OCGA §§ 5-6-35 and 5-6-38 are jurisdictional, and this Court lacks jurisdiction to consider an untimely application or an untimely appeal.

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

Buffington v. State · filed 2020-08-17(a)(5)

However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

Section 5-6-35(a)(5) and (b) requires an application for discretionary appeal when an appeal concerns the revocation of probation.

Richards v. State · filed 2020-11-17(a)(5), (b)

Where the underlying subject matter of an appeal is the revocation of probation, an application for discretionary appeal is required.

Section 5-6-35 (a) (5) requires an application for discretionary appeal to challenge an order revoking probation.

Ankney v. State · filed 2020-11-17(a)(5)

Daryl Gene Ankney filed these direct appeals from four orders of the trial court revoking his probation in four separate cases. However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6- 35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding that where the underlying subject matter is probation revocation, the discretionary appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998).

An appeal from an order revoking probation requires a discretionary application, which must be filed within 30 days; compliance with those procedures is jurisdictional.

Lane v. State · filed 2021-04-30(a)(5), (b), (d)

To pursue an appeal from an order revoking probation, a defendant must file an application for discretionary review. See OCGA § 5-6-35 (a) (5), (b); White v. State, 233 Ga. App. 873, 874 (505 SE2d 228) (1998). The discretionary application must be filed within 30 days of the entry of the order at issue. See OCGA § 5-6-35 (d).

An appeal whose underlying subject matter is probation revocation requires a discretionary application under section 5-6-35(a)(5) and (b).

Mercer v. State · filed 2021-04-20(a)(5), (b)

Where the underlying subject matter of an appeal is the revocation of probation, an application for discretionary appeal is required.

An appeal from revocation of first-offender probation requires a discretionary application under section 5-6-35(a)(5).

Hawkins v. Thestate · filed 2021-06-15(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Hawkins’s probation, he was required to file an application for discretionary appeal in order to obtain review of the sentencing order he seeks to challenge in this Court.

An appeal from an order revoking probation requires a discretionary application, which must be filed within 30 days.

Green v. State · filed 2021-07-23(a)(5), (d)

In order to appeal from an order revoking probation, an application is required.

An appeal from revocation of first-offender probation requires a discretionary application under section 5-6-35(a)(5).

Allen v. State · filed 2021-07-28(a)(5)

Because the underlying subject matter of these appeals is the revocation of Allen’s first offender probation, he was required to file applications for discretionary appeal to obtain review in this Court.

An appeal from revocation of first-offender probation requires a discretionary application under section 5-6-35(a)(5).

Allen v. State · filed 2021-08-26(a)(5)

Because the underlying subject matter of these appeals is the revocation of Allen’s first offender probation, he was required to file applications for discretionary appeal to obtain review in this Court.

Section 5-6-35(a)(5) requires an application for discretionary review to appeal a trial court ruling revoking probation.

Charles Knox, III v. State · filed 2022-03-25(a)(5)

Because the underlying subject matter of this appeal is the revocation of Knox’s probation, he was required to file an application for discretionary review in this Court in order to appeal the trial court’s ruling.

Section 5-6-35(a)(5) and (b) require a discretionary appeal when the underlying subject matter is the revocation of probation.

Smart v. State · filed 2022-04-04(a)(5), (b)

Because the underlying subject matter of this appeal is the revocation of Smart’s probation, compliance with the discretionary appeal procedure is required.

Section 5-6-35 (a) (5) requires a party seeking to appeal a probation revocation to first apply for discretionary appeal.

Johnson v. State · filed 2023-02-08(a)(5)

Because the underlying subject matter of this appeal is the revocation of Johnson’s probation, he was required to file an application for discretionary appeal in order to appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013); Zamora v. State, 226 Ga. App. 105 (485 SE2d 214) (1997). His failure to do so deprives this Court of jurisdiction over this direct appeal, which is hereby DISMISSED.

Section 5-6-35 (a) (5) requires appeals from probation revocation orders to be brought by application for discretionary appeal, and compliance with that procedure is jurisdictional.

Pearson v. State · filed 2023-04-11(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). “Compliance with the discretionary appeals procedure is jurisdictional.”

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

Ivester v. State · filed 2023-07-06(a)(5)

However, an application for discretionary appeal is required to appeal orders revoking probation. See OCGA § 5-6-35 (a) (5); Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999).

Section 5-6-35(a)(5) requires an application for discretionary appeal for an appeal from the revocation of probation.

Blackwell v. State · filed 2023-08-04(a)(5)

Because the underlying subject matter of this appeal is the revocation of Blackwell’s probation, she was required to file an application for discretionary appeal in order to obtain appellate review.

Section 5-6-35(a)(5) requires appeals from probation revocation orders to be made by application for discretionary appeal, and subsection (d) requires such applications to be filed with the clerk of the Supreme Court or Court of Appeals.

Everett v. State · filed 2023-08-24(a)(5), (d)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). ... Moreover, applications for discretionary appeal must be filed with the clerk of the Supreme Court or the Court of Appeals. OCGA § 5-6-35 (d).

Section 5-6-35 (a)(5) and (b) require a party seeking appellate review of a probation-revocation order to file an application for discretionary appeal.

Townsend v. State · filed 2024-01-30(a)(5), (b)

Consequently, Townsend was required to file an application for discretionary appeal to obtain appellate review of the trial court’s order. See OCGA § 5-6-35 (a) (5), (b); Zamora v. State, 226 Ga. App. 105, 105 (485 SE2d 214) (1997); Dean v. State, 177 Ga. App. 123, 124-125 (1) (338 SE2d 711) (1985).

Appeals from probation revocation orders must be filed by application for discretionary appeal.

Smith v. State · filed 2024-03-19(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5).

Subsection (a)(5) requires an appeal from a probation revocation order to be brought by application for discretionary appeal.

Gordeuk v. State · filed 2024-04-08(a)(5)

An appeal from a probation revocation order must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5).

Section 5-6-35 (a) (5) requires an appeal from a probation revocation order to be made by application for discretionary appeal.

Pruitt v. State · filed 2024-08-21(a)(5)

An appeal from a probation revocation order must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5).

Subsection (a)(5) requires an appeal from a probation revocation order to be made by application for discretionary appeal.

Fetterolf v. State · filed 2024-09-04(a)(5)

An appeal from a probation revocation order must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). “Compliance with the discretionary appeals procedure is jurisdictional.”

Section 5-6-35 (a) (5) requires an application for discretionary appeal to obtain review of an appeal arising from a probation revocation.

Williams v. State · filed 2024-10-23(a)(5)

Because the underlying subject matter of this appeal is the revocation of Williams’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). “Compliance with the discretionary appeals procedure is jurisdictional.” Smoak v. Dept. of Human Resources, 221 Ga. App. 257, 257 (471 SE2d 60) (1996).

Section 5-6-35 requires an application for discretionary review to initiate an appeal from an order revoking probation.

Mahtani v. State · filed 2024-11-05(a)(5), (b)

And an appeal from an order revoking probation must be initiated by filing an application for discretionary review. OCGA § 5-6-35 (a) (5), (b); see Andrews v. State, 276 Ga. App. 428, 430-431 (1) & n. 3 (623 SE2d 247) (2005).

Section 5-6-35(a)(5) requires an application for discretionary appeal to challenge an order revoking probation.

Harper v. State · filed 2024-11-15(a)(5)

However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999).

Section 5-6-35(a)(5) ordinarily requires an application for discretionary appeal from a probation revocation order, while subsection (j) permits the appellate court to grant a timely application when the order is subject to direct appeal.

Haley v. State · filed 2025-02-05(a)(5), (j)

Ordinarily, appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5). ... 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 (a)(5) requires appeals from probation revocation orders to be pursued by application for discretionary appeal.

Pierce v. State · filed 2025-02-28(a)(5)

Moreover, appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5).

Subsection (a)(5) requires an application for discretionary appeal to challenge an order revoking probation.

Donaldson v. State · filed 2025-06-26(a)(5)

However, an application for discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999).

Subsection (a)(5) requires an application for discretionary appeal to obtain review of a probation-revocation order.

Pierce v. State · filed 2025-07-14(a)(5)

Because the underlying subject matter of these appeals is the revocation of Pierce’s probation, he was required to file an application for discretionary appeal to obtain review in this Court.

Section 5-6-35 (a)(5) requires appeals from probation revocation orders to be brought by application for discretionary appeal.

Hankerson v. State · filed 2025-10-16(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal. See OCGA § 5-6-35 (a) (5); Jones v. State, 322 Ga. App. 269, 269 n. 2 (745 SE2d 1) (2013).

Subsection (a)(5) requires appeals from probation revocation orders to be brought by application for discretionary appeal.

Mobley v. State · filed 2026-01-16(a)(5)

Appeals from probation revocation orders must be made by application for discretionary appeal.

Section 5-6-35(a)(5) requires an appeal from a probation-revocation order to be made by application for discretionary appeal, and compliance is jurisdictional.

English v. State · filed 2026-05-11(a)(5)

Under OCGA § 5-6-35(a)(5), however, appeals from probation revocation orders must be made by application for discretionary appeal. Compliance with the discretionary appeals procedure is jurisdictional.

Subsection (a)(5) requires appeals from probation revocation orders to be brought by application for discretionary review.

Mullavey v. State · filed 2026-06-03(a)(5)

Under OCGA § 5-6-35(a)(5), however, appeals from probation revocation orders must be made by application for discretionary review.

Section 5-6-35 (a) (5) requires an application for discretionary appeal to challenge an order revoking probation.

Rucker v. State · filed 2021-01-25(a)(5)

First, an application for discretionary appeal is required to appeal orders revoking probation.

Section 5-6-35 requires an application for discretionary review of a probation revocation order; a direct appeal is improper.

Lamb v. State · filed 1985-02-07

Inasmuch as the instant appeal falls within a category of cases for which there must be an application for discretionary review under OCGA § 5-6-35 (as amended effective July 1, 1984), and for which ... direct appeal is therefore improper, it must be dismissed.

Section 5-6-35(a)(5) requires a discretionary appeal from an order adjudicating guilt and imposing sentence that revokes first-offender probation.

Anderson v. State · filed 1985-12-03(a)(5)

Under this court’s recent opinion in Dean v. State, 177 Ga. App. 123 (1) (338 SE2d 711) (1985), the proper method of appeal from an order of adjudication of guilt and sentence which serves to revoke the probationary status granted under the First Offender Act (see OCGA § 42-8-60 (b)) is by discretionary appeal, as provided in OCGA § 5-6-35 (a) (5), rather than direct appeal. We must, therefore, dismiss Case No. 70504, appellant’s direct appeal.

Section 5-6-35 requires a discretionary appeal from the revocation of first offender probation; failure to follow that procedure deprives the appellate court of jurisdiction.

Freeman v. State · filed 2000-07-26

In Dean v. State, ... this Court concluded the discretionary appeal procedure of OCGA § 5-6-35 is applicable to the revocation of “first offender” probation. Freeman’s failure to comply with those requisite discretionary appeal procedures deprives this Court of jurisdiction to consider this appeal.

Appeals of probation revocation matters require a discretionary application rather than a direct appeal.

Brown v. State · filed 2013-09-05(a)(5)

Appeals of probation ... revocation matters, however, must be made by discretionary application, not direct appeal. See OCGA § 5-6-35 (a) (5); White v. State, 233 Ga. App. 873 (505 SE2d 228) (1998).

Subsection (a)(5) requires an application for discretionary appeal to obtain review of a probation revocation; filing a direct appeal without one leaves the Court of Appeals without jurisdiction.

Johnson v. State · filed 2018-09-07(a)(5)

The underlying subject matter of Johnson’s appeal is the revocation of his probation. In order to obtain appellate review, he was thus required to file an application for discretionary appeal. ... His failure to do so deprives us of jurisdiction over this appeal, which is hereby DISMISSED.