Opinion
A23D0033
08-22-2022
ROOSEVELT BYRD v. THE STATE.
The Court of Appeals hereby passes the following order:
On August 9, 2022, Roosevelt Byrd filed this application for discretionary review of the trial court's June 29, 2022 order denying Byrd's "Motion for Release of Documents, Motion for Default Judgment, and Motion for Summary Judgment." We lack jurisdiction because the application is untimely.
To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 41 days after entry of the order at issue, the application is untimely and is hereby DISMISSED. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.").