Aretha A. Townsend v. Mark Butler, Commissioner, Georgia Department of Labor

Summary

The Georgia Court of Appeals dismissed Townsend's appeal from a Cobb County Superior Court order reviewing a Georgia Department of Labor decision. The court held that the appeal required an application for discretionary review under OCGA § 5-6-35(a)(1), and further noted that the appeal would have been untimely even if direct appeal were available.

Holdings

1. An appeal from a superior-court order reviewing a decision of a state administrative agency must be brought by application for discretionary review under OCGA § 5-6-35(a)(1). Because Townsend filed only a notice of appeal, the Court of Appeals lacked jurisdiction and dismissed the appeal.
2. Even if a direct appeal had been available, the appeal would have been untimely because the denial of a motion for reconsideration is not directly appealable and filing that motion does not extend the time for appealing the underlying judgment.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over a direct appeal from a superior-court order reviewing a state administrative agency decision when the appellant did not file an application for discretionary review.
2. Whether, assuming a direct appeal were available, the appeal was timely when the notice of appeal was filed within 30 days of the denial of a motion for reconsideration but more than 30 days after the underlying judgment.

Disposition

dismissed