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Lawskills.com Georgia Caselaw
DEPARTMENT OF OFFENDER REHABILITATION v. MEEKS.
65461.
BANKE, Judge.
Administrative appeal. Habersham Superior Court. Before Judge Gunter.
This is a direct appeal from an order of the Superior Court of Habersham County rendered March 24, 1982, affirming a decision of the State Personnel Board which reversed the termination of appellee's employment as a correctional officer II at the Georgia Industrial Institute in Alto, Georgia. Because the appeal was not brought under the discretionary appeal provisions of OCGA 5-6-35 (Code Ann. 6-701.1), it must be dismissed for lack of jurisdiction. Porter v. Marcus, 156 Ga. App. 368 (274 SE2d 168) (1980); Evans v. Davey, 154 Ga. App. 269 (267 SE2d 875) (1980).
Recognizing this jurisdictional defect, counsel for appellant has moved for an out-of-time application for discretionary appeal, offering as explanation for the delay some confusion resulting from the reorganization of the State Law Department. We find no authority to grant such a motion under OCGA 5-6-35 (Code Ann. 6-701.1).
Thomas L. Carter, Jr., for appellee.
Michael J. Bowers, Attorney General, Susan V. Boleyn, Assistant Attorney General, Victoria Soto, Staff Assistant Attorney General, for appellant.
DECIDED JANUARY 31, 1983.
Monday December 1 13:05 CST


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