Selke v. Carson, 759 S.E.2d 853 (Ga. 2014). · Go Syfert
Selke v. Carson, 759 S.E.2d 853 (Ga. 2014). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: Thomas County, Georgia v. Wh Group 2, LLC. (gactapp, 2021-03-31)
Treatment trajectory · 2016 → 2026 · click a year to view as-of
2016 2021 2026
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Thomas County, Georgia v. Wh Group 2, LLC. (2×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
And this rule applies to appeals of local governmental department decisions even if no administrative appeal was taken.” 3 (Citations and punctuation omitted; emphasis in original.) Selke v. Carson, 295 Ga. 628, 629 ( 759 SE2d 853 ) (2014).
discussed Cited as authority (rule) Damene W. Woldeab v. Dekalb County Board of Education
Ga. Ct. App. · 2017 · confidence medium
OCGA § 5-6-35 (a) (1) requires an appellant to file an application for discretionary appeal from “decisions of the superior courts reviewing decisions of . . . the State Board of Education.” See generally Selke v. Carson, 295 Ga. 628, 629 ( 759 SE2d 853 ) (2014). “[W]hen we consider the nature of the proceedings in the superior court for the purposes of OCGA § 5-6-35 (a) (1), we look to the substance of those proceedings, not merely the form of the relief sought.” (Citation and punctuation omitted.) Wolfe v. Bd. of Regents of the Univ.
discussed Cited as authority (rule) Wolfe v. Board of Regents
Ga. · 2016 · confidence medium
See Keystone Knights, 299 Ga. at 406 (recognizing that agency regulations can identify the “point of decision for the agency” and invest officers of an agency “with legal authority to make the determination for the agency”); Selke v. Carson, 295 Ga. 628, 629 ( 759 SE2d 853 ) (2014) (holding that a county personnel director made an agency decision for purposes of OCGA § 5-6-35 (a) (1) when she declined to forward an appeal to the civil service board on the ground that the layoff sought to be appealed was not an appealable event).
discussed Cited as authority (rule) State of Georgia v. International Keystone Knights of the Ku Klux Klan, Inc. (2×) also: Cited "see"
Ga. · 2016 · confidence medium
J., dissenting) (“[MJodern administrative agencies fit most comfortably within the Executive Branch . . . .”). 22 See, e.g., Selke v. Carson, 295 Ga. 628, 629 ( 759 SE2d 853 ) (2014) (administrative denial of appeal to Civil Service Board on the ground that a layoff was not an appealable event); Augusta-Richmond County v. Lee, 277 Ga. 483, 483 (1) ( 592 SE2d 71 ) (2004) (administrative denial of application for retail package license); Northwest Social and Civic Club, Inc. v. Franklin, 276 Ga. 859, 860 ( 583 SE2d 858 ) (2003) (administrative denial of applications to renew liquor license);…
discussed Cited "see" BARROW v. RAFFENSPERGER (Two Cases) (2×)
Ga. · 2020 · signal: see · confidence high
See Selke v. Carson, 295 Ga. 628, 629 ( 759 SE2d 853 ) (2014).
Retrieving the full opinion text from the archive…
SELKE Et Al.
v.
CARSON Et Al.
S14A0631.
Supreme Court of Georgia.
Jun 16, 2014.
759 S.E.2d 853
2014 WL 2702722
2014 Ga. LEXIS 497
LoRusso Law Firm, Lawrence J. LoRusso, Rebecca L. Sample, for appellants., Jarrará & Davis, Kenneth E. Jarrará, Megan N. Martin, Neville & Cunat, John R. Neville, for appellees.
Thompson.
Cited by 6 opinions  |  Published
Thompson, Chief Justice.

The question for decision in this appeal is whether appellants were required to follow the discretionary appeal procedure set forth in OCGA § 5-6-35. We hold that they were so required and grant appellees’ motion to dismiss the appeal.

Appellants, former Forsyth County deputy sheriffs, were terminated from their employment without notice. The sheriff claimed appellants were terminated due to a reduction in force. Appellants asserted their termination was a subterfuge for political retaliation and age discrimination.

Appellants’ jobs were covered by the Forsyth County Civil Service System. The Civil Service Handbook requires the Board “to conduct hearings and appeals and render decisions as to a member of[*629] the civil service system who claims to have been improperly demoted, suspended or dismissed.” Hearings are not required due to a reduction in force.

Appellants tendered formal appeals to appellee Carson, the Forsyth County Personnel Services Director, and requested the appeals be forwarded to the Forsyth County Civil Service Board. Carson denied the appeals, on the ground that a layoff is not an appealable event, and refused to forward them to the Board for consideration.

Appellants filed a petition for writ of mandamus against appellees, Carson, the Board and the County, to compel Carson to forward the appeals to the Board. Appellees filed a motion to dismiss the petition, and the superior court granted the motion. Thereupon, appellants filed a direct appeal to this Court.

Appellees have moved to dismiss the appeal, asserting it was incumbent upon appellants to proceed via discretionary application under OCGA § 5-6-35. We agree.

Generally speaking, judgments or orders granting or refusing to grant mandamus are appealable directly. OCGA § 5-6-34 (a) (7). However, OCGA § 5-6-35 (a) (1) requires an appellant to file an application for a discretionary appeal from a decision of a superior court reviewing the decision of a state or local administrative agency. Thus, if the underlying subject matter of a mandamus petition concerns an administrative ruling which is reviewed by a superior court, a direct appeal will not lie. Ferguson v. Composite State Board of Medical Examiners, 275 Ga. 255, 257 (564 SE2d 715) (2002). And this rule “applies to appeals of local governmental department decisions even if no administrative appeal was taken.” Dunlap v. City of Atlanta, 272 Ga. 523 (531 SE2d 702) (2000) (emphasis supplied).

In this case, Carson, the Personnel Services Director, made an administrative department decision refusing to forward appellants’ appeals to the Civil Service Board. Because Carson’s decision was reviewed by the superior court, it was incumbent upon appellants to proceed by discretionary appeal. Compare Strohecker v. Gwinnett County Police Dept., 182 Ga. App. 853, 854 (2) (357 SE2d 305) (1987) (superior court review of police department decision denying request to expunge criminal and fingerprint records required discretionary application) with Fulton County v. T-Mobile South, 305 Ga. App. 466, 468-469 (699 SE2d 802) (2010) (direct appeal was proper because, although county attorney determined claim was not cognizable, the matter was never submitted to an administrative agency).

Appeal dismissed.

All the Justices concur. [*630] Decided June 16, 2014 Reconsideration denied July 28, 2014. LoRusso Law Firm, Lawrence J. LoRusso, Rebecca L. Sample, for appellants. Jarrará & Davis, Kenneth E. Jarrará, Megan N. Martin, Neville & Cunat, John R. Neville, for appellees.