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In re S. O.

Court of Appeals of Georgia
Sep 24, 2021
No. A22D0046 (Ga. Ct. App. Sep. 24, 2021)

Opinion

A22D0046

09-24-2021

IN THE INTEREST OF S. O. et al., CHILDREN (FATHER)


The Court of Appeals hereby passes the following order:

On March 11, 2020, the juvenile court terminated the father's parental rights to minor children S. O. and S. O., and, on November 18, 2020, he filed a motion for new trial. The juvenile court denied the motion, and the father filed this application for discretionary appeal. We lack jurisdiction because the application is untimely.

An application for discretionary appeal must be filed within 30 days of the entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). A motion for new trial generally extends this deadline, but such a motion is not valid unless it is filed within 30 days after entry of judgment. See id.; OCGA § 5-5-40 (a); Wright v. Rhodes, 198 Ga.App. 269 (401 S.E.2d 35) (1990). Here, the father filed his motion for new trial 251 days after the order terminating his parental rights.

Although filing deadlines were tolled for a period due to the COVID pandemic, deadlines resumed running on July 14, 2020. Accordingly, the father had until August 10, 2020 to file a motion for new trial. His November 17, 2020 motion was, therefore, untimely and did not extend the time to file an application for discretionary review of the termination order.

See Supreme Court Order Declaring Statewide Judicial Emergency (Mar. 14, 2020), as extended on April 6, May 11, and June 12, 2020, and as extended in part on July 10, 2020, available at www.gasupreme.us.

The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Because this application is untimely, it is hereby DISMISSED for lack of jurisdiction.


Summaries of

In re S. O.

Court of Appeals of Georgia
Sep 24, 2021
No. A22D0046 (Ga. Ct. App. Sep. 24, 2021)
Case details for

In re S. O.

Case Details

Full title:IN THE INTEREST OF S. O. et al., CHILDREN (FATHER)

Court:Court of Appeals of Georgia

Date published: Sep 24, 2021

Citations

No. A22D0046 (Ga. Ct. App. Sep. 24, 2021)