Chad Michael Bubrick v. Jasmin A. Martinez-Bubrick

• Court: Court of Appeals of Georgia
• Decided: January 31, 2023
• Docket: A23D0215
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 31, 2023

The Court of Appeals hereby passes the following order:

A23D0215. CHAD MICHAEL BUBRICK v. JASMIN A. MARTINEZ- BUBRICK.

On December 6, 2022, the trial court entered an order continuing a twelve- month family violence protective order against Chad Michael Bubrick, and Bubrick thereafter filed this application for discretionary review.1 We lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order sought 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. Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Bubrick filed his application in this Court on Friday, January 6, 2023, 31 days after the trial court entered its December 6 order. Accordingly, this application is untimely and is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/31/2023 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 Bubrick’s two prior applications, in which he sought review of earlier orders in this family violence action, were dismissed as untimely. See Cases No. A22D0356 (May 11, 2022); A23D0074 (Oct. 6, 2022).