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Sullivan v. State

Court of Appeals of Georgia
May 23, 2022
No. A22A0622 (Ga. Ct. App. May. 23, 2022)

Opinion

A22A0622

05-23-2022

MARIO R. SULLIVAN v. THE STATE


The Court of Appeals hereby passes the following order:

On September 15, 2021, we granted Mario R. Sullivan's application for discretionary appeal from the trial court's order denying his motion for an out-of-time appeal. See Sullivan v. State, Case No. A22D0047 (decided September 15, 2021). Our order directed that Sullivan had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Sullivan filed a notice of appeal on September 28, 2021, which was 13 days after our order was issued.

The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. White v. White, 188 Ga.App. 556, 556 (373 S.E.2d 824) (1988). Because Sullivan failed to file a notice of appeal within 10 days of our order granting the discretionary application, the notice of appeal is untimely. Accordingly, this appeal is DISMISSED for lack of jurisdiction. See OCGA § 5-6-48 (b) (1); Barnes v. Justis, 223 Ga.App. 671, 671-672 (478 S.E.2d 402) (1996).


Summaries of

Sullivan v. State

Court of Appeals of Georgia
May 23, 2022
No. A22A0622 (Ga. Ct. App. May. 23, 2022)
Case details for

Sullivan v. State

Case Details

Full title:MARIO R. SULLIVAN v. THE STATE

Court:Court of Appeals of Georgia

Date published: May 23, 2022

Citations

No. A22A0622 (Ga. Ct. App. May. 23, 2022)