In the Interest of T. R., a Child (Mother)

Court of Appeals of Georgia

In the Interest of T. R., a Child (Mother)

DecidedJanuary 8, 2019

DocketA19D0234

StatusPublished

This text of In the Interest of T. R., a Child (Mother) (In the Interest of T. R., 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 T. R., a Child (Mother), (Ga. Ct. App. 2019).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 03, 2019

The Court of Appeals hereby passes the following order:

A19D0234. IN THE INTEREST OF T. R., A CHILD (MOTHER).

On August 13, 2018, the juvenile court entered an order terminating the parental rights of the mother of T. R. The mother filed a motion for reconsideration, which the juvenile court denied. On December 12, 2018, the mother filed this application for discretionary review. We, however, lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-34 (d). Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, the mother filed her application four months after entry of the termination order. Although the mother filed a motion for reconsideration, the denial of a motion for reconsideration of an appealable order or judgment is not itself appealable and does not extend the time for filing a notice of appeal or an application for appeal. See Campbell v. State, 192 Ga. App. 316 (385 SE2d 14) (1989); Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5) (1985). Thus, this application is untimely as to the termination order and invalid as to the order denying reconsideration. For these reasons, the application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/03/2019 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 03, 2019

The Court of Appeals hereby passes the following order:

A19D0234. IN THE INTEREST OF T. R., A CHILD (MOTHER).

On August 13, 2018, the juvenile court entered an order terminating the parental rights of the mother of T. R. The mother filed a motion for reconsideration, which the juvenile court denied. On December 12, 2018, the mother filed this application for discretionary review. We, however, lack jurisdiction. To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 204 Ga. App. 582 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-34 (d). Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Here, the mother filed her application four months after entry of the termination order. Although the mother filed a motion for reconsideration, the denial of a motion for reconsideration of an appealable order or judgment is not itself appealable and does not extend the time for filing a notice of appeal or an application for appeal. See Campbell v. State, 192 Ga. App. 316 (385 SE2d 14) (1989); Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5) (1985). Thus, this application is untimely as to the termination order and invalid as to the order denying reconsideration. For these reasons, the application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/03/2019 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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