Williamson v. Department of Public Safety

Full title: WILLIAMSON v. DEPARTMENT OF PUBLIC SAFETY et al

Court: Court of Appeals of Georgia

Date published: Jan 7, 1985

326 S.E.2d 480 (Ga. Ct. App. 1985)

173 Ga. App. 249

Opinion

69418.

DECIDED JANUARY 7, 1985.

Appeal dismissal. Glynn Superior Court. Before Judge Flexer, Senior Judge.

Robert H. Baer, for appellant.

Michael J. Bowers, Attorney General, W. Davis Hewitt, Assistant Attorney General, for appellees.

BEASLEY, Judge.

This is an attempted direct appeal from an order of the Glynn Superior Court affirming the decision of the Department of Public Safety in suspending the appellant's driver's license pursuant to the implied consent law, OCGA § 40-5-55.

The appellant had sought to obtain permission to file an out-of-time application for discretionary appeal. However, this court denied the appellant's motion. Held:

Since the instant appeal falls within the categories of cases for which there must be an application for discretionary review under OCGA § 5-6-35, the instant direct appeal is therefore improper. Heiny v. Dept. of Public Safety, 169 Ga. App. 37 ( 311 S.E.2d 848) (1983).

Appeal dismissed. Birdsong, P. J., and Carley, J., concur.

DECIDED JANUARY 7, 1985.