Opinion
A23I0119
01-18-2023
MURRY MOSELY v. THE STATE.
The Court of Appeals hereby passes the following order:
Murry Mosely was charged by accusation with pandering, solicitation of sodomy, contributing to the delinquency of a minor, and two counts of harassing communications. Mosely filed a special demurrer/motion to dismiss. On November 22, 2022, the trial court entered an order overruling the special demurrer and denying the motion to dismiss. Mosely obtained a certificate for immediate review on December 6, 2022 and filed this application for interlocutory review on December 20, 2022. We lack jurisdiction.
Under OCGA § 5-6-34 (b), a party may request interlocutory review only if the trial court "certifies within ten days of entry" of the order at issue that immediate review should be had. Additionally, an application for interlocutory appeal must be filed within ten days of the trial court granting a timely certificate of immediate review. See OCGA § 5-6-34 (b); Genter v. State, 218 Ga.App. 311, 311 (460 S.E.2d 879) (1995). The requirements of OCGA § 5-6-34 (b) are jurisdictional, and if the party seeking interlocutory review does not comply with these requirements, the party must wait until final judgment to appeal. See State v. Wheeler, 310 Ga. 72, 76 (3) (849 S.E.2d 401) (2020); Turner v. Harper, 231 Ga. 175, 176 (200 S.E.2d 748) (1973). Here, Mosely obtained his certificate of immediate review 14 days after the trial court entered its order and filed his application 14 days after the court entered the certificate of immediate review, making both untimely. This application is hereby DISMISSED for lack of jurisdiction.