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IN INTEREST OF N.M., A17D0221. (2017)

Court: Court of Appeals of Georgia Number: ingaco20170119215 Visitors: 22
Filed: Jan. 19, 2017
Latest Update: Jan. 19, 2017
Summary: Order On December 24, 2016, the father of minor children N. M. and K. G. filed this application for discretionary appeal from the trial court's order denying his motion for a new trial in this termination of parental rights case. The father has failed, however, to include file-stamped copies of either the order terminating his parental rights or his motion for a new trial. 1 As a result, we are unable to ascertain whether his motion was timely filed and tolled the time for filing this applica
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Order

On December 24, 2016, the father of minor children N. M. and K. G. filed this application for discretionary appeal from the trial court's order denying his motion for a new trial in this termination of parental rights case. The father has failed, however, to include file-stamped copies of either the order terminating his parental rights or his motion for a new trial.1 As a result, we are unable to ascertain whether his motion was timely filed and tolled the time for filing this application.

An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). For this Court to have jurisdiction, an application for discretionary appeal must be timely filed. See In the Interest of B. R. F., 299 Ga. 294, 298 (788 S.E.2d 416) (2016); Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Although a motion for a new trial may extend the time in which appellate relief may be sought, it must be filed within 30 days of the entry of judgment. OCGA §§ 5-5-40 (a); 5-6-35 (d). An untimely motion for a new trial is void and does not toll the time for filing the application. See Wright v. Rhodes, 198 Ga.App. 269, 269 (401 S.E.2d 35) (1990).

As the applicant, the father bears the burden of showing that his application should be granted. Harper v. Harper, 259 Ga. 246, 246 (378 S.E.2d 673) (1989). As part of this burden, he is required to "include a copy of any petition or motion which led directly to the order or judgment being appealed." Court of Appeals Rule 31 (b) (2016); see also OCGA § 5-6-35 (c). By omitting from his application file-stamped copies of the trial court's order terminating his parental rights and his motion for a new trial, the father has failed to show that this Court has jurisdiction to consider his application. Consequently, this application for discretionary appeal is hereby DISMISSED.

FootNotes


1. The father has submitted a copy of the order terminating his parental rights, although it lacks a file-stamp. He has not submitted a copy of his motion for a new trial.
Source:  Leagle

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