Robert Malmquist v. Competence Staffing Resource, Inc. ( 2015 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 10, 2015
The Court of Appeals hereby passes the following order:
A16D0145. ROBERT MALMQUIST v. COMPETENCE STAFFING
RESOURCE, INC.
On November 19, 2015, Robert Malmquist filed an application for
discretionary appeal seeking review of the trial court’s October 19, 2015, order
granting Competence Staffing’s motion for attorney’s fees pursuant to OCGA § 9-15-
14 (b).
An application for discretionary appeal must be filed within 30 days of the
entry of the order or judgment to be appealed. See 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. See Boyle v. State, 190 Ga.
App. 734 (380 SE2d 57) (1989). Because Malmquist filed his application 31 days
after entry of the order he seeks to appeal, it is untimely. Accordingly, this application
is DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
12/10/2015
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.