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Wiley v. Tanner

Court of Appeals of Georgia
Nov 9, 1989
388 S.E.2d 70 (Ga. Ct. App. 1989)

Opinion

A89A2028.

DECIDED NOVEMBER 9, 1989.

Unemployment compensation. Clarke Superior Court. Before Judge Barrow.

Willie J. Woodruff, Jr., for appellant.

Michael J. Bowers, Attorney General, Harrison W. Kohler, Deputy Attorney General, Wayne P. Yancey, Senior Assistant Attorney General, Jeffrey L. Milsteen, Assistant Attorney General, Frances G. Lavender, for appellee.


This appeal is from a judgment of the Clarke County Superior Court affirming the decision of the Board of Review of the Department of Labor upholding an Administrative Law Judge's finding that appellant was not qualified to receive unemployment compensation benefits pursuant to OCGA § 34-8-158 (2) (A).

Under OCGA § 5-6-35, appeals from the judgment of a superior court after review of the decision of a state agency must be filed as discretionary appeals. An appeal from such a judgment, which is not filed in accordance with the procedure prescribed in OCGA § 5-6-35, falls outside the jurisdiction of the Court of Appeals; such an appeal must therefore be dismissed. DePass v. Bd. of Review, 172 Ga. App. 561 ( 324 S.E.2d 505) (1984); Cook v. Caldwell, 166 Ga. App. 452 ( 305 S.E.2d 187) (1983).

Appeal dismissed. Birdsong and Benham, JJ., concur.

DECIDED NOVEMBER 9, 1989.


Summaries of

Wiley v. Tanner

Court of Appeals of Georgia
Nov 9, 1989
388 S.E.2d 70 (Ga. Ct. App. 1989)
Case details for

Wiley v. Tanner

Case Details

Full title:WILEY v. TANNER

Court:Court of Appeals of Georgia

Date published: Nov 9, 1989

Citations

388 S.E.2d 70 (Ga. Ct. App. 1989)
388 S.E.2d 70