Background
The Georgia Department of Labor Board of Review disqualified Micah Carty from receiving unemployment-insurance benefits. Carty appealed that decision to the Superior Court of Gwinnett County.
On May 5, 2026, the superior court affirmed the Board’s decision. Carty then filed an application for discretionary appeal in the Court of Appeals of Georgia on July 30, 2026.
The Court’s Holding
The Court of Appeals dismissed Carty’s application for lack of jurisdiction. Under OCGA § 5-6-35(d) and Court of Appeals Rule 31(a), a discretionary application must be filed within 30 days after entry of the order or judgment being appealed.
Carty filed 86 days after entry of the superior court’s May 5 order. Because the statutory requirements for a discretionary appeal are jurisdictional, the court could not accept the untimely application.
Key Takeaways
- A discretionary appeal application must be filed within 30 days of the order or judgment challenged.
- The Court of Appeals treated the deadline in OCGA § 5-6-35 as jurisdictional.
- An application filed 86 days after the appealed order must be dismissed for lack of jurisdiction.
Why It Matters
The order underscores that litigants seeking discretionary appellate review in Georgia must meet the statutory filing deadline. An untimely application deprives the Court of Appeals of authority to reach the merits, including the underlying unemployment-benefits dispute.