Marr v. Georgia Dep't of Educ., 452 S.E.2d 112 (Ga. 1995). · Go Syfert
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Marr v. Georgia Dep't of Educ., 452 S.E.2d 112 (Ga. 1995). Cases Citing This Book View Copy Cite
42 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Spurlock v. Department of Human Resources (ga, 2010-02-15)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Spurlock v. Department of Human Resources
Ga. · 2010 · confidence medium
Ill (Supreme Court has appellate jurisdiction over “[a] 11 divorce and alimony cases”); OCGA § 5-6-35 (a) (2) (domestic relations cases require an application for appeal), (f) (“The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed.”); Marr v. Ga. Dept. of Ed., 264 Ga. 841, 842 ( 452 SE2d 112 ) (1995) (construing OCGA § 5-6-35 (f) “to mean that when an application is transferred from one appellate court to the other, the 30 day time period [for the receiving court to rule on th…
discussed Cited "see" Tedric Leslie v. State (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Marr v. State Dept. of Education, 264 Ga. 841, 841 ( 452 SE2d 112 ) (1995).
discussed Cited "see" Mark Derrico v. State (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Marr v. State Dept. of Ed., 264 Ga. 841, 841 ( 452 SE2d 112 ) (1995).
discussed Cited "see" Schneider v. Susquehanna Radio Corp. (2×)
Ga. Ct. App. · 2003 · signal: see · confidence high
See generally Marr v. Ga. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995). 29 47 USC § 402 (a). 30 47 CFR § 64.1200 (c) (1), (2). 31 7 FCC Red. 8770 (34). 32 Moser v. Fed.
discussed Cited "see" Harris v. State (2×)
Ga. Ct. App. · 1998 · signal: see · confidence high
Since there is no ruling on the constitutionality of either statute, “[t]he issue is not properly presented for appellate review in this case . . . as it was not explicitly argued and ruled on below.” Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 SE2d 412 ) (1997); Dye v. State, 205 Ga. App. 781 (1) ( 423 SE2d 713 ) (1992); see generally Marr v. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995).
discussed Cited "see" Smith v. Department of Human Resources (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Marr v. Ga. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995) (transferring application for discretionary appeal from Supreme Court to Court of Appeals); see also OCGA § 5-6-30 (appeal statute should be construed so as to “avoid dismissal of any case or refusal to consider any points raised therein”).
examined Cited "see" Crenshaw v. Crenshaw (4×)
Ga. · 1996 · signal: see · confidence high
See generally Marr v. Ga. Dept. of Ed., 264 Ga. 841 , 452 S.E.2d 112 (1995).
discussed Cited "see" Action for a Clean Environment v. State (2×)
Ga. Ct. App. · 1995 · signal: see · confidence high
See Marr v. Ga. Dept. of Education, 264 Ga. 841 ( 452 SE2d 112 ) (1995).
discussed Cited "see, e.g." Young v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence low
Darby v. State, 239 Ga. App. 492, 495 (2) (b) ( 521 SE2d 438 ) (1999) (appellate review precluded where constitutional question was raised in a motion but not explicitly ruled on in the trial court); see also Marr v. Ga. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995). 3.
discussed Cited "see, e.g." Tessa Brenee Komer v. State (2×)
Ga. Ct. App. · 2013 · signal: see also · confidence low
Darby v. State, 239 Ga. App. 492, 494 (2) (b) ( 521 SE2d 438 ) (1999) (appellant review precluded where constitutional question was raised in a motion but not explicitly ruled on in the trial court); see also Marr v. Ga. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995). 3.
discussed Cited "see, e.g." Payne v. State (2×)
Ga. Ct. App. · 1998 · signal: see, e.g. · confidence low
See, e.g., Marr v. Dept. of Ed., 264 Ga. 841 ( 452 SE2d 112 ) (1995) (party must elicit specific ruling or question to preserve it for appellate review); Brantley v. State, 226 Ga. App. 872, 873 (1) ( 487 SE2d 412 ) (1997). 2 Sapp v. State, 188 Ga. App. 700, 701 ( 374 SE2d 114 ) (1988).
Retrieving the full opinion text from the archive…
MARR
v.
GEORGIA DEPARTMENT OF EDUCATION
S95D0641.
Supreme Court of Georgia.
Jan 18, 1995.
452 S.E.2d 112
McClellan & Pangborn, Bret J. Pangborn, for appellant., Michael J. Bowers, Attorney General, Susan L. Rutherford, Senior Assistant Attorney General, for appellees.
Cited by 21 opinions  |  Published
Per curiam.

This is an application for discretionary appeal of an order of the superior court affirming the decision of the Georgia Department of Education. See OCGA § 5-6-35 (a) (1). Applicant contends that this Court has jurisdiction over the application filed pursuant to OCGA § 5-6-35 (d) because of her contention that OCGA § 47-2-2 is in violation of the Constitution of the State of Georgia and that, therefore, this Court has exclusive appellate jurisdiction under Art. VI, Sec. VI, Par. II of the Georgia Constitution of 1983. However, the trial court did not specifically pass upon the constitutionality of that statute.

The basis of this court’s jurisdiction to review the judgment complained of being predicated upon the drawing into question of the constitutionality of a statute of this State and the record failing to show that such point was passed upon by the trial judge, this court is without jurisdiction. The case is therefore transferred to the Court of Appeals. [Cits.]

Undercofler v. U. S. Steel Corp., 219 Ga. 264 (133 SE2d 11) (1963). See also Senase v. State, 258 Ga. 592 (372 SE2d 813) (1988).

OCGA § 5-6-35 (f) provides that in connection with applications for discretionary appeal, the appellate court “shall issue an order granting or denying such an appeal within 30 days of the date on which the application was filed.” We construe this language and the identical language contained in OCGA § 5-6-34 (b) dealing with interlocutory appeals to mean that when an application is transferred from one appellate court to the other, the 30-day time period is to be computed from the date of the filing in the court to which said application has been transferred. See C C Financial v. Ross, 250 Ga. 832 (301 SE2d 262) (1983).

Transferred to Court of Appeals.

All the Justices concur. [*842] Decided January 18, 1995. McClellan & Pangborn, Bret J. Pangborn, for appellant. Michael J. Bowers, Attorney General, Susan L. Rutherford, Senior Assistant Attorney General, for appellees.