Public-domain · open source
OpenJurist

259 Ga. 536

384 S.E.2d 630

Miles v. Collins

Supreme Court of Georgia

Decided September 29, 1989

Supreme Court of Georgia · decided 1989-09-29

Relies on PLANTATION PIPE LINE COMPANY v. Strickland · Wheeler v. Strickland

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-29

How this case has been cited

Cited by 6 later decisions — most recently July 2016

4 state decisions

401989199020002010decided

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.

View the full empirical analysis of this case →

Smith, Justice.

¶1 The appellants filed an appeal in the Superior Court of Bryan County seeking relief from a tax assessment and demand made by appellee Marcus E. Collins, Revenue Commissioner of the State of Georgia (Revenue Department). The appellant’s motion for summary judgment was denied and the appellee’s motion for summary judgment was granted. The appellants filed a direct appeal to this Court, and the Revenue Department filed a motion to dismiss for failure to file a discretionary application. We dismiss.

¶2 Appeals from decisions of superior courts reviewing decisions of state administrative agencies must come to the appellate courts of this state by way of application. OCGA § 5-6-35 (a) (1). This Court has recognized that a revenue department assessment is a decision of a state administrative agency within the meaning of OCGA § 5-6-35 (a) (1), and an application must be filed. Plantation Pipe Line Co. v. Strickland, 249 Ga. 829 (294 SE2d 471) (1982); Wheeler v. Strickland, 248 Ga. 85 (281 SE2d 556) (1981). The appellants failed to file an application for discretionary appeal; therefore, this direct appeal must be dismissed.

¶3 Appeal dismissed.

All the Justices concur. *537 Michael J. Bowers, Attorney General, David A. Runnion, Senior Assistant Attorney General, for appellee.
/259/ga/536 · .json · Public domain