Noggle v. Arnold

I respectfully dissent from the dismissal of the appeal for failure to follow the discretionary route in this case. OCGA § 5-6-35 was amended in 1984 and, among other things, subsection (a) (1), (2) was substantially enlarged to embrace additional subject matter. It was not clear what was intended, which has led to some confusion. In Brown v. Williams, 174 Ga. App. 604 (332 SE2d 48) (1985), we held that an appeal from a legitimation proceeding requires application, because it is “a type of domestic relations case.” Yet several months before, we had remanded a direct appeal from denial of a…