Jeff Radar v. Timothy Brantley

• Court: Court of Appeals of Georgia
• Decided: May 20, 2015
• Docket: A15A1377
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 05, 2015

The Court of Appeals hereby passes the following order:

A15A1377. JEFF RADAR v. TIMOTHY BRANTLEY.

On January 7, 2015, this Court granted Jeff Radar’s application for discretionary appeal. The order notified Radar that he had ten days from the date of the order to file a notice of appeal. See OCGA § 5-6-35 (g). Fourteen days later, on January 21, 2015, Radar filed his notice of appeal. Timothy Brantley has filed a motion to dismiss this appeal for lack of jurisdiction. The timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. LaBrew v. State, 315 Ga. App. 865 n. 3 (729 SE2d 33) (2012). Because Radar failed to file his notice of appeal within ten days of our order granting his application, his notice of appeal is untimely. Accordingly, Brantley’s motion to dismiss is hereby GRANTED, and this appeal is DISMISSED for lack of jurisdiction. See White v. White, 188 Ga. App. 556 (373 SE2d 824) (1988).

Court of Appeals of the State of Georgia 05/05/2015 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.