Michael Bishop v. Nadine Bellinger ( 2015 )


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  • 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).
    

Document Info

Docket Number: A15D0419

Filed Date: 7/8/2015

Precedential Status: Precedential

Modified Date: 7/8/2015