Background
Mistee Dawn Rowland filed an application for discretionary appeal in a case against Elizabeth Braun. The court’s order does not describe the underlying dispute or identify the specific ruling Rowland sought to appeal.
The Court of Appeals of Georgia considered and denied the application. Presiding Judge McFadden wrote separately to concur fully and specially.
The Court’s Holding
The court denied Rowland’s application for discretionary appeal. Its order provides no independent explanation for the denial.
In his special concurrence, Presiding Judge McFadden explained that Georgia Supreme Court precedent forecloses a party from resubmitting a matter for appellate review after initiating immediate appellate review but committing a procedural default fatal to the appeal. He concluded that Rowland’s case fell within that rule and that the Court of Appeals was bound to follow it.
McFadden nevertheless reiterated his view that the Georgia Supreme Court should reconsider the judge-made rule, referring to his earlier criticism that it is logically unsound and inconsistent with the Appellate Practice Act’s stated intent and direction.
Key Takeaways
- The Court of Appeals denied Rowland’s application for discretionary appeal.
- McFadden concluded that binding Georgia Supreme Court precedent barred renewed appellate review after a fatal procedural default in an earlier effort to obtain immediate review.
- Although applying the rule, McFadden again urged the Georgia Supreme Court to reexamine it.
Why It Matters
The order underscores the potentially final consequences of procedural default when pursuing immediate appellate review in Georgia. Under the precedent identified by McFadden, a failed attempt may prevent the party from later resubmitting the same matter for appellate review.
The concurrence also preserves an institutional criticism of that rule, signaling that at least one Court of Appeals judge believes it conflicts with both logic and the policies of Georgia’s Appellate Practice Act.