Opinion
A22D0240
03-02-2022
ALAN CRITTENDEN v. MARIKO CRITTENDEN.
The Court of Appeals hereby passes the following order:
On December 28, 2021, the trial court entered an order requiring Alan Crittenden to pay OCGA § 9-15-14 attorney fees to Mariko Crittenden. On January 31, 2022, Alan Crittenden filed this application for discretionary appeal. We, however, lack jurisdiction.
An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court 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); see also Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011) (noting that this Court "has held that the failure to meet the statutory deadline for filing a discretionary application is a jurisdictional defect"). Alan Crittenden filed this application 34 days after entry of the order he wishes to appeal. Thus, the application is untimely, and it is hereby DISMISSED for lack of jurisdiction.
Mariko Crittenden has filed a frivolous appeal motion seeking the imposition of a $2,500 penalty against Alan Crittenden. See Court of Appeals Rule 7 (e). That motion is hereby DENIED.