Automated Summary
Key Facts
On March 8, 2013, the trial court awarded custody of minor child J.M.D. to his mother, Brittany Finley. John Devone, Sr., the child's biological father, filed an application for discretionary appeal on April 19, 2013. Finley filed a motion to dismiss, arguing the application was not timely filed. The application was filed 42 days after the trial court's order was entered, exceeding the 30-day requirement under OCGA § 5-6-35(d). The Court of Appeals dismissed the application for lack of jurisdiction.
Issues
The court addressed whether John Devone, Sr.'s application for discretionary appeal was timely filed. The application was filed 42 days after the trial court's order was entered, exceeding the 30-day requirement under OCGA § 5-6-35 (d). The court determined the application was untimely and dismissed it for lack of jurisdiction.
Holdings
The Court of Appeals granted Finley's motion to dismiss and dismissed John Michael Devone, Sr.'s application for discretionary review. The application was filed 42 days after the trial court's custody order was entered, which exceeded the 30-day filing deadline required under OCGA § 5-6-35 (d). The application was dismissed for lack of jurisdiction as it was untimely filed.
Remedies
The Court of Appeals granted Finley's motion to dismiss Devone's application for discretionary appeal because it was filed 42 days after the trial court's order, exceeding the 30-day filing requirement under OCGA § 5-6-35(d).
Legal Principles
For discretionary review of a directly appealable order, the application must be filed within 30 days of entry of the order or judgment to be appealed. Failure to meet this 30-day filing requirement renders the application untimely and subject to dismissal for lack of jurisdiction, as established under OCGA § 5-6-35 (d) and Hill v State, 204 Ga App 582 (420 SE2d 393) (1992).
Precedent Name
Hill v State
Cited Statute
Georgia appellate procedure
Passage Text
- Finley's motion to dismiss is hereby GRANTED, and this application is DISMISSED.
- To fall within this general rule, however, the application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d); Hill v State, 204 Ga App 582 (420 SE2d 393) (1992). Here, Devone filed his application 42 days after the trial court's order was entered. Accordingly, the application is untimely and must be dismissed for lack of jurisdiction.