Opinion
A23D0170
01-03-2023
ROBERT THRASHER v. THE STATE.
The Court of Appeals hereby passes the following order:
Robert Thrasher has filed an application for discretionary appeal, seeking review of a trial court order that dismissed his petition for a writ of mandamus and his motion for summary judgment. The trial court entered its order on August 23, 2022. Thrasher filed an application for discretionary review on October 18, 2022, which we dismissed on November 8, 2022. Thrasher then filed this application on December 5, 2022. We lack jurisdiction.
In a prior direct appeal, this Court affirmed Thrasher's convictions. Thrasher v. State, 261 Ga.App. 650 (583 S.E.2d 504) (2003).
See Case No. A23D0100 (Nov. 8, 2022).
First, 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). Compliance with the time requirements of OCGA § 5-6-35 is jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011); Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Thrasher's application, filed 104 days after entry of the order he seeks to appeal, is untimely.
Second, because we dismissed Thrasher's prior discretionary application seeking review of the same order, the doctrine of res judicata bars him from seeking further appellate review of the trial court's order. See Norris v. Norris, 281 Ga. 566, 567-568 (2) (642 S.E.2d 34) (2007); see also Echols v. State, 243 Ga.App. 775, 776 (534 S.E.2d 464) (2000) ("It is axiomatic that the same issue cannot be relitigated ad infinitum.") (punctuation omitted).
Accordingly, this application is hereby DISMISSED.