Christopher Lee Ingram v. State of Georgia ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    September 28, 2021
    The Court of Appeals hereby passes the following order:
    A22I0038. CHRISTOPHER LEE INGRAM v. STATE OF GEORGIA.
    Christopher Lee Ingram was charged with aggravated stalking and was granted
    pre-trial bond. The trial court entered an order revoking Ingram’s bond on August 20,
    2021, and a certificate of immediate review on August 31, 2021. Ingram seeks
    interlocutory review of the trial court’s order. We, however, lack jurisdiction.
    Under OCGA § 5-6-34 (b), a party may request interlocutory review only if the
    trial court certifies within ten days of entry of the order at issue that immediate review
    should be had. A timely certificate of immediate review is a jurisdictional
    requirement, see Von Waldner v. Baldwin/Cheshire, Inc., 
    133 Ga. App. 23
    , 24 (2)
    (209 SE2d 715) (1974), and if the certificate of immediate review is not entered
    within the prescribed ten-day period, it is untimely, and the party seeking review must
    wait until the final judgment to appeal. See OCGA § 5-6-34 (b); Turner v. Harper,
    
    231 Ga. 175
    , 176 (200 SE2d 748) (1973). Here, the certificate of immediate review
    was entered 11 days after entry of the order on appeal. Accordingly, we lack
    jurisdiction to consider this application, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    09/28/2021
    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: A22I0038

Filed Date: 10/8/2021

Precedential Status: Precedential

Modified Date: 10/8/2021