Narrative Opinion Summary
On November 30, 2016, the superior court confirmed an arbitration award, issuing a final judgment in favor of Labor Ready Southeast, Inc. for $14,235.00. Derek Leroy McSmith filed a timely application for discretionary appeal. However, under OCGA § 5-6-35 (a), a discretionary application is not necessary for such an order, allowing for direct appeal instead. The Court of Appeals referenced the case Green Tree Servicing v. Jones to support this determination. Consequently, the Court granted McSmith’s application, allowing him ten days from the order date to file a notice of appeal with the trial court. If he has already filed a notice regarding the same order, no additional filing is required. The trial court clerk is instructed to include this order in the record sent to the Court of Appeals.
Legal Issues Addressed
Appealability of Orders Confirming Arbitration Awards under OCGA § 5-6-35 (a)subscribe to see similar legal issues
Application: The court determined that a discretionary application is not required to appeal an order confirming an arbitration award; a direct appeal is permissible.
Reasoning: However, under OCGA § 5-6-35 (a), a discretionary application is not necessary for such an order, allowing for direct appeal instead.
Precedent Cited for Direct Appeal from Arbitration Award Confirmationsubscribe to see similar legal issues
Application: The court relied on existing precedent to support its interpretation that direct appeal is available in such cases.
Reasoning: The Court of Appeals referenced the case Green Tree Servicing v. Jones to support this determination.
Procedure Following Grant of Discretionary Applicationsubscribe to see similar legal issues
Application: The court outlined the process for perfecting the appeal, specifying the timeframe for filing a notice of appeal and the obligations of the trial court clerk.
Reasoning: Consequently, the Court granted McSmith’s application, allowing him ten days from the order date to file a notice of appeal with the trial court. If he has already filed a notice regarding the same order, no additional filing is required. The trial court clerk is instructed to include this order in the record sent to the Court of Appeals.