Opinion
A24D0005
07-24-2023
IN RE DEMETRIUS PHILLIPS et al v. TRIMAC TRANSPORTATION INC et al.
The Court of Appeals hereby passes the following order:
On June 16, 2023, the trial court entered an order affirming an award of the State Board of Workers' Compensation. On July 18, 2023, the applicants filed this application for discretionary review of the trial court's order. We, however, lack jurisdiction.
To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 32 days after entry of the order complained of, it is untimely and is hereby DISMISSED. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.").
The applicants have included a copy of a document purporting to show that the order at issue was served on June 20, 2023. However, the filing date of an application for discretionary appeal is not calculated from the date of service of any type of notice upon the applicant; it is calculated from the date of entry of the order sought to be appealed. See OCGA § 5-6-35 (d). A party whose right to timely seek appellate review is frustrated due to a lack of such notice may file a motion asking the trial court to set aside the order and re-enter it. See Moore v. State, 308 Ga. 556, 557 (2) (842 S.E.2d 65) (2020); Atlantic-Canadian Corp. v. Hammer, Siler, George Assoc., 167 Ga.App. 257, 257-258 (1) (306 S.E.2d 22) (1983).