David McClure v. Chris McCurry ( 2014 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 19, 2014
    The Court of Appeals hereby passes the following order:
    A15D0187. DAVID MCCLURE v. CHRIS MCCURRY, et al.
    On November 10, 2014, the trial court entered an order granting Defendants
    Riverstone Professional Building, LLC and Chris McCurry’s motion for OCGA § 9-
    15-14 attorney fees. Thirty-one days later, on December 11, 2014, David McClure
    filed this application for discretionary appeal, seeking review of that order. We,
    however, lack jurisdiction.
    To be timely, a discretionary application must be filed within 30 days of entry
    of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 
    204 Ga. App. 582
     (420
    SE2d 393) (1992). The filing date of an application for discretionary appeal is
    calculated from the date of entry of the order sought to be appealed. See OCGA § 5-
    6-35 (a). Accordingly, McClure’s application for discretionary appeal is untimely and
    is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    12/19/2014
    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.
    

Document Info

Docket Number: A15D0187

Filed Date: 12/25/2014

Precedential Status: Precedential

Modified Date: 12/31/2014