Supreme Court of Georgia, 1995

Armstrong v. Miles

Supreme Court of Georgia · Decided April 10, 1995

265 Ga. 344; 455 S.E.2d 587

Cases that cite this one

2 later published cases cite this decision.

Prison Health Services Inc. v. Georgia Department of Administrative Services (Ga. 1995)
State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc. (Ga. 2016)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per curiam.

In Rebich v. Miles, 264 Ga. 467 (448 SE2d 192) (1994), this Court held that the discretionary application procedures must be followed to appeal an order of the superior court ruling on a challenge to a decision of a state administrative agency, such as the decision of the Department of Public Safety to suspend a driver’s license and to deny a hearing on the suspension, because the underlying subject matter generally controls over the relief sought in determining the proper appellate procedure. Although in Rebich the petition filed in superior court sought a writ of mandamus, whereas the petition in this case sought a writ of habeas corpus, the cases are otherwise identical and the principle in Rebich applies to Armstrong. Accordingly, “[b]ecause *345the review of the department’s action must come by discretionary application and [Armstrong] failed to file an application, we are without jurisdiction to hear the merits of [her] appeal.” Id. at 469.

Decided April 10, 1995. Spruell & Dubuc, Brian M. Dubuc, for appellant. Michael J. Bowers, Attorney General, Daryl A. Robinson, Senior Assistant Attorney General, Neal B. Childers, Assistant Attorney General, for appellee.

Appeal dismissed.

All the Justices concur.

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