Rebich v. Miles

Fletcher, Justice.

This case concerns the proper method for pursuing appeals when both the direct appeal and discretionary appeal statutes are implicated. Daniel G. Rebich seeks a writ of mandamus against the commissioner of the Georgia Department of Public Safety to compel the state to hold a hearing on the suspension of his driver’s license. Since Rebich failed to file a discretionary application, the commissioner argues that this court does not have jurisdiction. Because the underly ing subject matter generally controls over the relief sought in determining the proper appellate procedure,…