Opinion
A23D0034
09-07-2022
ROGER C. DAY v. TERRY E. BARNARD, CHAIRMAN OF THE STATE BOARD OF PARDONS AND PAROLES, et al.
The Court of Appeals hereby passes the following order:
Roger C. Day filed a petition for mandamus against the State Board of Pardons and Paroles and its Chairman, Terry E. Barnard. The respondents filed a motion to dismiss, which the trial court granted on July 8, 2022. On August 9, 2022, Day filed the instant application for discretionary appeal seeking review of the dismissal order. We lack jurisdiction.
The trial court initially denied Day's petition for writ of mandamus, and he filed an application for discretionary appeal to challenge the ruling. We granted the application, see Case No. A20D0085 (Oct. 15, 2019), and reversed the trial court's ruling and remanded with instructions to allow Day to file his petition. See Day v. Bernard, 356 Ga.App. 558 (848 S.E.2d 190) (2020).
An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Compliance with this statutory deadline is an absolute requirement to confer jurisdiction in this Court, and thus, the untimely filing of a discretionary application requires its dismissal. See Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011). Day's application was untimely filed 32 days after entry of the order he seeks to appeal. Accordingly, this application is hereby DISMISSED.