Opinion
A21A1512
06-15-2021
TORREY BORDERS v. THE STATE.
In 2004, Torrey Borders was convicted of aggravated child molestation and other offenses. Borders's conviction was affirmed on direct appeal. See Borders v. State, 285 Ga.App. 337 (646 S.E.2d 319) (2007); see also Borders v. State, Case No. A15A2189 (Feb. 17, 2016). Subsequently, Borders filed an extraordinary motion for new trial, which the trial court denied on July 6, 2018. Borders filed an application for discretionary review of the July 6, 2018 order, which this Court denied. See Borders v. State, Case No. A19D0035 (Aug. 23, 2018). Borders also filed the instant direct appeal of the July 6, 2018 order. We lack jurisdiction.
An order denying an extraordinary motion for new trial must be appealed by discretionary application. See OCGA § 5-6-35 (a) (7); Balkcom v. State, 227 Ga.App. 327, 329 (489 S.E.2d 129) (1997). In addition, our denial of Borders's discretionary application was a decision on the merits regarding the July 6, 2018 order, and the doctrine of res judicata bars any subsequent appeals from the same order. See Northwest Social & Civic Club v. Franklin, 276 Ga. 859, 860 (583 S.E.2d 858) (2003); Hook v. Bergen, 286 Ga.App. 258, 261 (1) (649 S.E.2d 313) (2007).
Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.