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226 Ga. App. 608

Moulder v. Reilly

Court of Appeals of Georgia

Decided May 29, 1997

Court of Appeals of Georgia · decided 1997-05-29

Relies on 190 Ga. App. 734 - Boyle v. State of Georgia

Good law ✅— No negative treatment on recordhow we know

Decided 1997-05-29

How this case has been cited

Cited by 12 later decisions — most recently November 2023

12 state decisions

601997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McMURRAY, Presiding Judge.

¶1Robert K. Moulder, Sr. and Robert K. Moulder, Jr., both of whom are prison inmates, filed this civil action in Gilmer County Superior Court seeking redress for alleged violations of their civil rights by various public officials and appellants’ former attorney. In orders entered October 4 and 14, 1996, the superior court dismissed the defendants from the suit on various grounds. On November 1, 1996, the appellants filed a notice of appeal. Held:

¶2Generally, an order granting a motion to dismiss is directly appealable. However, the appellants brought this civil action and the appeal therefrom while prison inmates. The Prison Litigation Reform Act, therefore, applies. OCGA § 42-12-3 (1). The Act provides that “[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35,” that is, by application requesting a discretionary appeal. OCGA § 42-12-8.

¶3In this case, the appellants failed to follow the discretionary appeal procedure required by law. “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57) (1989). Accordingly, this direct appeal must be dismissed.

¶4Appeal dismissed.

Beasley and Smith, JJ, concur.
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