HOLLY RESTAURANT & SPORTS, LLC D/B/A SKYBOXX RESTAURANT & SPORTS BAR, LLC v. CLAYTON COUNTY ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 21, 2021
    The Court of Appeals hereby passes the following order:
    A22A0233. HOLLY RESTAURANT & SPORTS, LLC d/b/a SKYBOXX
    RESTAURANT & SPORTS BAR, LLC v. CLAYTON COUNTY.
    Clayton County suspended the business and liquor licenses of Holly Restaurant
    & Sports, LLC d/b/a Skyboxx Restaurant & Sports Bar, LLC (“Holly Restaurant”).
    The decision was affirmed by the county review board, and Holly Restaurant
    appealed to the superior court, which dismissed the appeal. Holly Restaurant filed this
    direct appeal. We lack jurisdiction.
    Under OCGA § 5-6-35 (a) (1), “[a]ppeals from the decisions of the superior
    courts reviewing decisions of . . . local administrative agencies . . . by certiorari or de
    novo proceedings” must be made by filing an application for discretionary appeal.
    See Consolidated Government of Columbus v. Barwick, 
    274 Ga. 176
    , 177 (1) (549
    SE2d 73) (2001). An application is required even if the superior court dismisses the
    appeal. See Hardwick v. Barnes, 
    193 Ga. App. 127
    , 127 (386 SE2d 927) (1989).
    Because Holly Restaurant failed to comply with the discretionary appeal procedure,
    we lack jurisdiction. Accordingly, this appeal is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    09/21/2021
    I certify that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my signature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A22A0233

Filed Date: 10/8/2021

Precedential Status: Precedential

Modified Date: 10/8/2021