Georgia Appeals Court: Drake v. Drake Appeal Granted

On September 17, 2026, the Court of Appeals of the State of Georgia granted an Application for Discretionary Appeal in the case of *Scott Drake v. Lindsey Drake*, allowing the appellant to file a Notice of Appeal within 10 days.

This order signifies a crucial procedural step in the appellate process within Georgia's state court system, indicating that the Court of Appeals has determined the case warrants further review despite not being an appeal as of right. The granting of a discretionary appeal suggests that the court believes the case presents significant legal questions, involves a matter of public interest, or potentially highlights an error in the lower court's application of law. For practitioners, it underscores the importance of understanding the specific criteria and procedures for discretionary appeals, which differ from appeals as of right and often require a compelling argument for why the appellate court should exercise its discretion to hear the case. The outcome of the underlying dispute is not reported, but the grant of the application opens the door for a full appellate review.

This development occurs within the appellate hierarchy of the State of Georgia. The Court of Appeals of Georgia is an intermediate appellate court, sitting below the Supreme Court of Georgia. Discretionary appeals are governed by specific Georgia statutes and court rules, such as O.C.G.A. § 5-6-35, which outline the types of cases that require an application for appeal rather than a direct appeal. These typically include cases such as divorce, child custody, workers' compensation, and certain civil judgments. The process involves filing an application, which the appellate court then reviews to decide whether to grant permission for a full appeal. If granted, as in this instance, the appellant then proceeds with filing a Notice of Appeal and subsequent briefs.

The key parties involved are the Court of Appeals of the State of Georgia, which issued the order; the appellant, Scott Drake; and the appellee, Lindsey Drake. The Clerk of Superior Court is also mentioned as being directed to include the order in the original document, indicating the procedural flow and communication between the appellate and trial courts in the state's judicial system.

Attorneys practicing in Georgia, particularly those involved in family law or other areas subject to discretionary appeal, should note the procedural requirements for seeking appellate review. The granting of this application highlights that even in cases where an appeal is not automatic, a well-reasoned application can persuade the Court of Appeals to hear the matter. Practitioners should meticulously prepare discretionary appeal applications, focusing on demonstrating the legal significance or potential error in the lower court's decision. Furthermore, the 10-day deadline for filing the Notice of Appeal after the grant of the application emphasizes the strict adherence to procedural timelines required in appellate practice. The outcome of the underlying dispute is not yet reported, so practitioners should monitor future developments in this case for any substantive rulings that may emerge from the full appeal.