Charles Hartman v. Floyd County Sheriff

• Court: Court of Appeals of Georgia
• Decided: June 2, 2021
• Docket: A21D0313
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 24, 2021

The Court of Appeals hereby passes the following order:

A21D0313. CHARLES HARTMAN v. FLOYD COUNTY SHERIFF.

On February 18, 2021, the trial court entered an order denying a motion seeking injunctive relief which had been filed by prison inmate Charles Hartman. Hartman filed this application for discretionary review on March 29, 2021.1 We lack jurisdiction because the application is untimely. To be timely, an application must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As Hartman filed this application 39 days after entry of the order at issue, the application is untimely and subject to dismissal. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 SE2d 617) (2012); see also Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989) (“The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.”). Accordingly, this application is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/24/2021 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 Hartman filed his application in the Georgia Supreme Court, which transferred it here.