Michael Bishop v. Nadine Bellinger

• Court: Court of Appeals of Georgia
• Decided: July 8, 2015
• Docket: A15D0419
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 22, 2015

The Court of Appeals hereby passes the following order:

A15D0419. MICHAEL BISHOP v. NADINE BELLINGER.

On March 20, 2015, the trial court entered a family violence protective order against Michael Bishop. Over two months later, Bishop filed this application for discretionary appeal.1 We lack jurisdiction. An application for discretionary review must be filed within 30 days of the order to be appealed. OCGA § 5-6-35 (d). The filing deadline is jurisdictional, and this Court is unable to accept an untimely application. See Crosson v. Conway, 291 Ga. 220 (1) (728 SE2d 617) (2012). Accordingly, this application for discretionary appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 06/22/2015 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.

1 Bishop attempted to file his application earlier, but the Court was unable to accept the filing since it did not contain either the order to be appealed or a certificate of service. See Court of Appeals Rule 31 (e) (applications must include stamped “filed” copy of order to be appealed) & Court of Appeals Rule 6 (any document without a certificate of service shall not be accepted for filing).