Dillon Wayne Mullavey v. State

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 03, 2026

The Court of Appeals hereby passes the following order:

A26A2087. DILLON WAYNE MULLAVEY v. THE STATE.

Dillon Wayne Mullavey appeals directly to this Court from the trial court’s order revoking his probation. Under OCGA § 5-6-35(a)(5), however, appeals from probation revocation orders must be made by application for discretionary review. Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999). Compliance with the discretionary appeals procedure is jurisdictional. Hair Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021). Mullavey’s failure to follow the required appellate procedure deprives us of jurisdiction over this appeal, which is hereby DISMISSED.1

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/03/2026

I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 Mullavey filed a pleading labeled “Application for Discretionary Appeal” in the trial court. Unlike a notice of appeal, however, an application for discretionary review by the Court of Appeals must be filed in this Court and must comply with OCGA § 5-6-35 and Court of Appeals Rule 31. Thus, Mullavey’s filing in the trial court cannot be construed as an application for discretionary review.