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SHUMPERT v. BRANTLEY, A18A0081. (2017)

Court: Court of Appeals of Georgia Number: ingaco20170908154 Visitors: 17
Filed: Sep. 08, 2017
Latest Update: Sep. 08, 2017
Summary: Order Iman Asante Sumpert has filed a notice of appeal from an order of the superior court affirming the order of an administrative agency's decision to revoke his driver's license. The appellee has filed a motion to dismiss, contending that Shumpert was required to follow the discretionary appeal procedures. We agree. Under OCGA 5-6-35 (a) (1), a party must follow the discretionary appeal procedures to obtain review of a superior court decision reviewing the decision of an administrative a
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Order

Iman Asante Sumpert has filed a notice of appeal from an order of the superior court affirming the order of an administrative agency's decision to revoke his driver's license. The appellee has filed a motion to dismiss, contending that Shumpert was required to follow the discretionary appeal procedures. We agree.

Under OCGA § 5-6-35 (a) (1), a party must follow the discretionary appeal procedures to obtain review of a superior court decision reviewing the decision of an administrative agency. Prison Health Svcs. v. Dept. of Administrative Svcs., 265 Ga. 810, 811 (1) (462 S.E.2d 601) (1995). Shumpert's failure to follow the proper avenue of appeal deprives this Court of jurisdiction to consider the appeal. Accordingly, the motion to dismiss is GRANTED and this appeal is hereby DISMISSED.

Source:  Leagle

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