Dillon Wayne Mullavey v. State

Court of Appeals
of the State of Georgia

ATLANTA,____________________
June 03, 2026

The Court of Appeals hereby passes the following order:

A26A2087. DILLON WAYNE MULLAVEY v. THE STATE.

Dillon Wayne Mullavey appeals directly to this Court from the trial court’s
order revoking his probation. Under OCGA § 5-6-35(a)(5), however, appeals from
probation revocation orders must be made by application for discretionary review.
Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999). Compliance with the
discretionary appeals procedure is jurisdictional. Hair Restoration Specialists v. State
of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021). Mullavey’s failure to follow the
required appellate procedure deprives us of jurisdiction over this appeal, which is
hereby DISMISSED.1

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
06/03/2026
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.

1
Mullavey filed a pleading labeled “Application for Discretionary Appeal” in
the trial court. Unlike a notice of appeal, however, an application for discretionary
review by the Court of Appeals must be filed in this Court and must comply with
OCGA § 5-6-35 and Court of Appeals Rule 31. Thus, Mullavey’s filing in the trial
court cannot be construed as an application for discretionary review.