Opinion
A24E0023
10-26-2023
JIMMI CERNA v. ERIKA CORNEJO
The Court of Appeals hereby passes the following order:
On October 11, 2023, the trial court entered a "Final Order"in this domestic relations action. Thereafter, on October 23, 2023, Jimmi Cerna filed in this Court an emergency motion, seeking "an extension of time to file an application for discretionary appeal until thirty (30) days after the reporter produces a copy of the original transcript of the final hearing to Appellant and files the same with the clerk of court for inclusion in the record on appeal."
Cerna filed an amendment to such emergency motion on October 25, 2023.
No such open-ended extension will be granted. Court of Appeals Rules 16 (c). However, said emergency motion, as amended, is hereby granted to the extent that Jimmi Cerna shall have until December 10, 2023 to file a discretionary application.See OCGA § 5-6-39; Gable v. State, 290 Ga. 81, 84 (2) (a) (720 S.E.2d 170) (2011); Court of Appeals Rules 16 (c), 40 (b). Accordingly, said emergency motion, as amended, is hereby GRANTED IN PART AND DENIED IN PART.
See generally Court of Appeals Rule 3 (providing, in pertinent part, that "[w]hen a filing deadline falls on a Saturday, Sunday, an official state or national holiday, or a time when the Clerk's office is closed for an emergency (such as inclement weather), the deadline is extended to the next business day").