Jose Castro v. Karina Frias

• Court: Court of Appeals of Georgia
• Decided: March 2, 2026
• Docket: A26D0340
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 02, 2026

The Court of Appeals hereby passes the following order:

A26D0340. JOSE CASTRO v. KARINA FRIAS.

Jose Castro filed this application for discretionary appeal on February 5, 2026, purportedly seeking review of a trial court order entered on February 3, 2026. However, the only order attached to the application was entered on September 3, 2025. An application for discretionary appeal 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, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35(d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Because Castro filed this application five months after entry of the trial court’s order, it is untimely and is hereby DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/02/2026 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.