Opinion
A22D0283
03-24-2022
EDWARD T. RILEY v. DAVID ATKINS.
The Court of Appeals hereby passes the following order:
On January 11, 2022, the trial court dismissed a civil action filed by prisoner Edward T. Riley. Riley filed this discretionary application from the trial court's ruling on February 22, 2022. We, however, lack jurisdiction.
An application for discretionary appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-35 (d). "The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an application for appeal not made in compliance therewith." Boyle v. State, 190 Ga.App. 734, 734 (3 80 S.E.2d 57) (1989). See also Gable v. State, 290 Ga. 81, 82 (2) (a) (720 S.E.2d 170) (2011) (noting that this Court "has held that the failure to meet the statutory deadline for filing a discretionary application is a jurisdictional defect"). Here, Ridley filed his application 42 days after entry of the order he seeks to appeal. The application is thus untimely, and it is hereby DISMISSED for lack of jurisdiction.