Automated Summary
Key Facts
On October 14, 2025, the superior court entered a final divorce decree dissolving the marriage of Kevin Lin and Zheng Yuan. Thirty-one days later, on November 14, 2025, Lin filed this application for discretionary appeal, seeking to appeal the superior court's judgment. To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment. Lin attempted to e-file his application on November 13, 2025, which was the deadline, but his certificate of service failed to comply with the Court's Rule 6(b)(2). On November 14, 2025, Lin filed his application with a compliant certificate of service and requested that the Court change the filing date to November 13, 2025. However, requests for extensions must be filed on or before the due date of the discretionary application. Because Lin did not seek an extension on or before November 13, 2025, the Court denied the request and dismissed his application as untimely.
Issues
- The court addresses whether it has jurisdiction to hear Kevin Lin's discretionary appeal application filed on November 14, 2025, which was one day after the November 13, 2025 filing deadline established by OCGA § 5-6-35(d). The court explains that the filing deadline is jurisdictional and courts cannot create equitable exceptions to statutory requirements, citing precedent from In the Interest of B.R.F. and Crosson v. Conway.
- The court examines whether it can grant an extension of time for filing a discretionary appeal when the request is made after the original filing deadline has passed. Since Lin did not seek an extension on or before November 13, 2025, the court lacks authority to extend the filing period or change the application's filing date, per Court of Appeals Rule 16(c).
Holdings
The Court of Appeals denied Lin's request to change the filing date of his application for discretionary appeal and dismissed the untimely application. The court lacks jurisdiction because the application was filed 31 days after the superior court's final divorce decree, exceeding the 30-day statutory deadline. Additionally, Lin's request for an extension was not made on or before the due date, and the court has no authority to grant extensions after the filing deadline has passed.
Legal Principles
A discretionary application for appeal must be filed within 30 days of entry of the order or judgment to be appealed. The filing deadline is jurisdictional, and courts lack authority to create equitable exceptions to statutory jurisdictional requirements. Courts may excuse compliance with a statutory requirement for appeal only where necessary to avoid or remedy a constitutional violation concerning the appeal. Requests for extensions of time to file discretionary applications must be made prior to the expiration of the filing period.
Precedent Name
- Crosson v. Conway
- In the Interest of B. R. F.
Cited Statute
Official Code of Georgia Annotated
Passage Text
- To be timely, a discretionary application must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35(d); Court of Appeals Rule 31(a). The filing deadline is jurisdictional, and this [C]ourt is unable to accept an untimely application.
- Without an extension of time, Lin's application filed on November 14, 2025, is untimely, and it is hereby DISMISSED.
- Lin attempted to e-file his application on November 13, 2025, which was the deadline to file a timely discretionary application. However, his certificate of service failed to comply with this Court's Rule 6(b)(2), and he was not able to e-file his application.