Georgia Court of Appeals, 2016

Arlanda Smith v. City of McDonough

Arlanda Smith v. City of McDonough
Georgia Court of Appeals · Decided June 15, 2016

Arlanda Smith v. City of McDonough

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ June 15, 2016 The Court of Appeals hereby passes the following order: A16A1867. ARLANDA SMITH v. CITY OF MCDONOUGH.

Arlanda Smith was convicted of violating a local ordinance prohibiting disorderly conduct in the City of McDonough Municipal Court. The superior court affirmed the conviction. Smith sought both a direct appeal and discretionary review of the superior court’s order. We lack jurisdiction to consider this direct appeal for two reasons.

First, under OCGA § 5-6-35 (a) (1), "[a]ppeals from the 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. See Consolidated Government of Columbus v. Barwick, 274 Ga. 176, 177 (1) (549 SE2d 73) (2001). This direct appeal does not comply with the discretionary appeal procedure.

Second, we denied Smith’s discretionary application from the same order on March 29, 2016. Because that denial was an adjudication on the merits, the doctrine of res judicata bars this direct appeal. See Northwest Social & Civic Club v. Franklin, 276 Ga. 859, 860 (583 SE2d 858) (2003); Hook v. Bergen, 286 Ga. App. 258, 261 (1) (649 SE2d 313) (2007).

This appeal is therefore DISMISSED.

Court of Appeals of the State of Georgia 06/15/2016 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.

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