MICAH CARTY v. BARBARA RIVERA HOLMES, COMMISSIONER OF LABOR, IN HER OFFICIAL CAPACITY
CourtCourt of Appeals of Georgia
Date FiledJuly 20, 2026
DocketA26A2427
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 20, 2026
The Court of Appeals hereby passes the following order:
A26A2427. MICAH CARTY v. BARBARA RIVERA HOLMES,
COMMISSIONER OF LABOR, IN HER OFFICIAL CAPACITY et al.
Micah Carty filed a notice of direct appeal from the superior court’s order
affirming a decision of the Georgia Department of Labor, which denied Carty’s claim
for unemployment benefits. Under OCGA § 5-6-35(a)(1), however, a party seeking to
appeal a superior court decision reviewing a state agency ruling must follow the
discretionary appeals procedure. See Dunlap v. City of Atlanta, 272 Ga. 523, 524 (531
SE2d 702) (2000); Ga. Water Res. v. Comm’r of Labor, 193 Ga. App. 252, 252 (387
SE2d 374) (1989). “Compliance with the discretionary appeals procedure is
jurisdictional.” Hair Restoration Specialists v. State, 360 Ga. App. 901, 903 (862 SE2d
564) (2021). Because Carty failed to file a discretionary application, we lack
jurisdiction over this direct appeal, which is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/20/2026
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.