PAYNE v. PAYNE, A17D0485. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170626159
Visitors: 7
Filed: Jun. 26, 2017
Latest Update: Jun. 26, 2017
Summary: Order On March 13, 2017, the trial court entered a final judgment and decree of divorce between plaintiff Franklin Payne, Jr., and defendant Felicia Payne, which included an award of attorney fees in favor of the plaintiff. On June 2, 2017, the defendant filed this application for discretionary review. We lack jurisdiction. The defendant's application is untimely. To be timely, a discretionary application must be filed within 30 days of entry of the judgment sought to be appealed. OCGA 5-6-
Summary: Order On March 13, 2017, the trial court entered a final judgment and decree of divorce between plaintiff Franklin Payne, Jr., and defendant Felicia Payne, which included an award of attorney fees in favor of the plaintiff. On June 2, 2017, the defendant filed this application for discretionary review. We lack jurisdiction. The defendant's application is untimely. To be timely, a discretionary application must be filed within 30 days of entry of the judgment sought to be appealed. OCGA 5-6-3..
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Order
On March 13, 2017, the trial court entered a final judgment and decree of divorce between plaintiff Franklin Payne, Jr., and defendant Felicia Payne, which included an award of attorney fees in favor of the plaintiff. On June 2, 2017, the defendant filed this application for discretionary review. We lack jurisdiction.
The defendant's application is untimely. To be timely, a discretionary application must be filed within 30 days of entry of the judgment sought to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because this application was filed 81 days after entry of the judgment the defendant seeks to appeal, it is untimely, and we lack jurisdiction to consider it. Accordingly, the application is hereby DISMISSED.
Source: Leagle
