Opinion
A23D0138
12-05-2022
DEBBIE L. OWENS v. PAWS HUMANE SOCIETY.
The Court of Appeals hereby passes the following order:
On September 30, 2022, Debbie L. Owens filed documents in the Supreme Court of Georgia that the Supreme Court docketed as an application for discretionary appeal. Upon ascertaining no basis for its jurisdiction, the Supreme Court transferred the matter to this Court. See Case No. S23D0215 (Oct. 25, 2022).
See Ga. Const. of 1983, Art. VI, Sec. 1, Par. VIII ("Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.").
Under Court of Appeals Rule 31 (c), an order must be included with a discretionary application. However, Owens's initial filing included no order. This Court thus directed Owens to supplement her application with a stamped "filed" copy of the order she sought to appeal. Owens then submitted an order from the Municipal Court of Muscogee County dated July 19, 2022.
To be timely, a discretionary application must be filed within 30 days of entry of the order 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). Here, Owens did not file her application in the Supreme Court until September 30, 2022, 73 days after July 19. Accordingly, Owens's application is untimely and is hereby DISMISSED.