Lisa Tinch v. Clayton County Board of Commissioners

Court of Appeals of the State of Georgia ATLANTA,____________________ May 11, 2016 The Court of Appeals hereby passes the following order: A16D0339. LISA TINCH v. CLAYTON COUNTY BOARD OF COMMISSIONERS et al. Lisa Tinch has filed a timely application for discretionary appeal of an order granting the defendants’ motion to dismiss an action filed by her. Under OCGA § 5-6-34 (a) (1), a party may file a direct appeal from "[a]ll final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35." The dismissal order in this case is a final order, and no provision of OCGA § 5-6-35, the discretionary appeal statute, appears to apply. See Turner v. Taylor, 179 Ga. App. 574, 575 (1) (b) ( 346 SE2d 920 ) (1986). This Court will grant an otherwise timely discretionary application if the lower court's order is subject to direct appeal. See OCGA § 5-6-35 (j). Accordingly, this application is hereby GRANTED. Tinch shall have ten days from the date of this order to file a notice of appeal with the superior court. The superior court is instructed to include a copy of this order in the record transmitted to this court. Court of Appeals of the State of Georgia 05/11/2016 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.