In the Interest Of: L. E., a Child (Mother)

Court of Appeals of Georgia

In the Interest Of: L. E., a Child (Mother)

DecidedFebruary 5, 2015

DocketA15D0216

StatusPublished

This text of In the Interest Of: L. E., a Child (Mother) (In the Interest Of: L. E., a Child (Mother)) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest Of: L. E., a Child (Mother), (Ga. Ct. App. 2015).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 28, 2015

The Court of Appeals hereby passes the following order:

A15D0216. IN THE INTEREST OF: L. E., A CHILD (MOTHER).

In September 2014, the juvenile court entered an order terminating the parental rights of the mother of L. E. The mother filed a timely motion for new trial, which she later moved to dismiss. On November 21, 2014, the juvenile court entered an order dismissing the motion for new trial. On December 30, 2014, the mother filed this application for discretionary appeal. We lack jurisdiction. An application for discretionary appeal must be filed within 30 days of the order on appeal. OCGA § 5-6-35 (d). “When a motion for new trial . . . has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Because the mother filed her application 39 days after entry of the order disposing of her motion for new trial, the application is untimely, and it is therefore DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 01/28/2015 Clerk’s Office, Atlanta,____________________ 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ January 28, 2015

The Court of Appeals hereby passes the following order:

A15D0216. IN THE INTEREST OF: L. E., A CHILD (MOTHER).

In September 2014, the juvenile court entered an order terminating the parental rights of the mother of L. E. The mother filed a timely motion for new trial, which she later moved to dismiss. On November 21, 2014, the juvenile court entered an order dismissing the motion for new trial. On December 30, 2014, the mother filed this application for discretionary appeal. We lack jurisdiction. An application for discretionary appeal must be filed within 30 days of the order on appeal. OCGA § 5-6-35 (d). “When a motion for new trial . . . has been filed, the application shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Because the mother filed her application 39 days after entry of the order disposing of her motion for new trial, the application is untimely, and it is therefore DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 01/28/2015 Clerk’s Office, Atlanta,____________________ 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.

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In the Interest Of: L. E., a Child (Mother), Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-l-e-a-child-mother-gactapp-2015.

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