Francisco M. Salaices v. Mark Butler, Commissioner, Georgia Department of Labor

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ July 11, 2013

The Court of Appeals hereby passes the following order:

A13A2067. FRANCISCO M. SALAICES v. MARK BUTLER, COMMISSIONER, GEORGIA DEPARTMENT OF LABOR et al.

Francisco M. Salaices’s claim for unemployment benefits was denied by the Georgia Department of Labor. Salaices filed a petition for review in the superior court, but the petition was dismissed. Salaices filed a notice of direct appeal from the dismissal order. Under OCGA § 5-6-35 (a) (1), “[a]ppeals from decisions of the superior courts reviewing decisions of . . . lower courts by certiorari or de novo proceedings” must be made by filing an application for discretionary appeal in this Court. Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). This procedure must be followed even where the superior court dismisses the petition. See Brewer v. Bd. of Zoning Adjustment of Atlanta, 170 Ga. App. 351 (317 SE2d 327) (1984). Because Salaices did not follow the discretionary appeal procedure, we lack jurisdiction over this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia 07/11/2013 Clerk’s Office, Atlanta,__________________ 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.