Opinion
A22D0111
11-03-2021
IN THE INTEREST OF B. T., A CHILD.
The Court of Appeals hereby passes the following order:
In 2018, B. T. was removed from his mother's care and placed with his grandparents, Tamika and Melvin Seay. On October 31, 2018, the juvenile court approved B. T.'s removal from the Seays' home. On October 15, 2021, the Seays filed this application for discretionary review, seeking to appeal from the October 31, 2018 order. We lack jurisdiction.
The Seays later filed a petition to adopt B. T., which was denied. This Court affirmed on appeal. See Seay v. State, Case No. A20A1237 (Sept. 1, 2020). In our unpublished decision, we determined that we lacked jurisdiction to consider the Seays' challenge to the juvenile court's order approving B. T.'s removal from their home because it was issued in the dependency action, not in the adoption action. See id., slip op. at 3-4 (1).
An application for discretionary appeal must be filed within 30 days of entry of the order 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. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). The Seays filed this application almost three years after entry of the order they seek to appeal. Accordingly, their application is untimely and is hereby DISMISSED for lack of jurisdiction..