In the Interest of R. W., Children ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    May 29, 2018
    The Court of Appeals hereby passes the following order:
    A18A1671. IN THE INTEREST OF R. W. et al., CHILDREN.
    The juvenile court terminated the parental rights of Therian Wimbush and
    Recardo Wimbush, Sr., as to nine of their ten children. Eight of the children and both
    parents filed applications for discretionary review. See Case Nos. A18D0282
    (children), A18D0310 (parents). On February 12, 2018, this Court granted the
    applications and informed the parties they had ten days to file a notice of appeal in
    the trial court. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued
    granting the appeal, the applicant, to secure a review of the issues, shall file a notice
    of appeal as provided by law.”); see also Riley v. State, 
    280 Ga. 267
    , 268 (626 SE2d
    116) (2006).
    The children filed their notice of appeal on February 22, 2018. It has been
    docketed here as Case No. A18A1670. The parents, however, did not file their notice
    of appeal until February 23, which was eleven days after we issued our order granting
    their application for discretionary review. The timely filing of a notice of appeal is
    an absolute requirement to confer jurisdiction upon this Court. Rowland v. State, 
    264 Ga. 872
    , 872 (1) (452 SE2d 756) (1995). Because the parents’ notice of appeal was
    not timely filed, we lack jurisdiction to consider their appeal. Accordingly, this
    appeal is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    05/29/2018
    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.
    

Document Info

Docket Number: A18A1671

Filed Date: 6/4/2018

Precedential Status: Precedential

Modified Date: 6/4/2018