Department of Offender Rehabilitation v. Meeks

Court of Appeals of Georgia

Department of Offender Rehabilitation v. Meeks

299 S.E.2d 757, 165 Ga. App. 269, 1983 Ga. App. LEXIS 1839

CourtCourt of Appeals of Georgia

DecidedJanuary 31, 1983

Docket65461

StatusPublished

Cited by1 cases

This text of 299 S.E.2d 757 (Department of Offender Rehabilitation v. Meeks) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Department of Offender Rehabilitation v. Meeks, 299 S.E.2d 757, 165 Ga. App. 269, 1983 Ga. App. LEXIS 1839 (Ga. Ct. App. 1983).

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Opinion

Banke, Judge.

This is a direct appeal from an order of the Superior Court of Habersham County rendered March 24, 1982, affirming a decision of the State Personnel Board which reversed the termination of appellee’s employment as a correctional officer II at the Georgia Industrial Institute in Alto, Georgia. Because the appeal was not brought under the discretionaray appeal provisions of OCGA § 5- 6-35 (Code Ann. § 6-701.1), it must be dismissed for lack of jurisdiction. Porter v. Marcus, 156 Ga. App. 368 (274 SE2d 168) (1980); Evans v. Davey, 154 Ga. App. 269 (267 SE2d 875) (1980).

Recognizing this jurisdictional defect, counsel for appellant has moved for an out-of-time application for discretionary appeal, offering as explanation for the delay some confusion resulting from the reorganization of the State Law Department. We find no authority to grant such a motion under OCGA § 5-6-35 (Code Ann. § 6- 701.1).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Banke, Judge.

This is a direct appeal from an order of the Superior Court of Habersham County rendered March 24, 1982, affirming a decision of the State Personnel Board which reversed the termination of appellee’s employment as a correctional officer II at the Georgia Industrial Institute in Alto, Georgia. Because the appeal was not brought under the discretionaray appeal provisions of OCGA § 5- 6-35 (Code Ann. § 6-701.1), it must be dismissed for lack of jurisdiction. Porter v. Marcus, 156 Ga. App. 368 (274 SE2d 168) (1980); Evans v. Davey, 154 Ga. App. 269 (267 SE2d 875) (1980).

Recognizing this jurisdictional defect, counsel for appellant has moved for an out-of-time application for discretionary appeal, offering as explanation for the delay some confusion resulting from the reorganization of the State Law Department. We find no authority to grant such a motion under OCGA § 5-6-35 (Code Ann. § 6- 701.1).

Appeal dismissed.

Deen, P. J., and Carley, J., concur.

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Bluebook (online)

299 S.E.2d 757, 165 Ga. App. 269, 1983 Ga. App. LEXIS 1839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-offender-rehabilitation-v-meeks-gactapp-1983.

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