SMITH v. CHRISTIAN, A17D0407. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170517270
Visitors: 24
Filed: May 17, 2017
Latest Update: May 17, 2017
Summary: Order On August 31, 2016, the trial court entered an order dismissing Steven Eugene Smith's petition for mandamus relief. On February 28, 2017, Smith filed a "Certificate of Probable Cause" in the Supreme Court, which construed the filing as an application for discretionary review and transferred the case to us. We lack jurisdiction because the application is untimely. An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment sought to be appea
Summary: Order On August 31, 2016, the trial court entered an order dismissing Steven Eugene Smith's petition for mandamus relief. On February 28, 2017, Smith filed a "Certificate of Probable Cause" in the Supreme Court, which construed the filing as an application for discretionary review and transferred the case to us. We lack jurisdiction because the application is untimely. An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment sought to be appeal..
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Order
On August 31, 2016, the trial court entered an order dismissing Steven Eugene Smith's petition for mandamus relief. On February 28, 2017, Smith filed a "Certificate of Probable Cause" in the Supreme Court, which construed the filing as an application for discretionary review and transferred the case to us. We lack jurisdiction because the application is untimely.
An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment sought to be appealed. See OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal made beyond 30 days. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Here, Smith filed his application 181 days after the trial court's order was entered. Accordingly, the application is untimely and is hereby DISMISSED for lack of jurisdiction.
Source: Leagle
