Opinion
A22A0395
11-19-2021
TONY THOMPSON v. STATE BOARD OF PARDONS AND PAROLES.
The Court of Appeals hereby passes the following order:
On August 26, 2021, the superior court entered an order dismissing Tony Thompson's petition for mandamus relief. Thompson then filed both an application for discretionary appeal and a notice of appeal from the order. We denied Thompson's discretionary application on the merits. See Case No. A22D0060 (Oct. 13, 2021). This is the direct appeal.
This Court's denial of Thompson's discretionary application constitutes a decision on the merits. See Elrod v. Sunflower Meadows Dev., LLC, 322 Ga.App. 666, 670 (4) (745 S.E.2d 846) (2013) ("[W]hen this Court examines a request for a discretionary appeal, it acts in an error-correcting mode such that a denial of the application is on the merits, and the order denying the application is res judicata with respect to the substance of the requested review.") (punctuation omitted). Thus, Thompson's direct appeal from the same order is barred. See Northwest Social & Civic Club v. Franklin, 276 Ga. 859, 860 (583 S.E.2d 858) (2003); Hook v. Bergen, 1 286 Ga.App. 258, 261 (1) (649 S.E.2d 313) (2007). This direct appeal is therefore DISMISSED. 2