Kosay Alsahlani v. Zaynab Sayhoud ( 2023 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    November 14, 2023
    The Court of Appeals hereby passes the following order:
    A24D0116. KOSAY ALSAHLANI v. ZAYNAB SAYHOUD.
    Kosay Alsahlani and Zaynab Sayhoud divorced in 2021. In July 2022, the trial
    court issued an order finding Alsahlani in contempt of the divorce decree and
    requiring him to take certain actions to purge himself of the contempt. On May 9,
    2023, the trial court issued an order again finding Alsahlani in contempt. Alsahlani
    filed a direct appeal from the May 9 order, but we dismissed that appeal for failure
    to follow the discretionary review procedures. See OCGA § 5-6-35 (a) (2), (b);
    Alsahlani v. Sayhoud, Case No. A24A0263 (Sept. 21, 2023). On October 17, 2023,
    Alsahlani filed the instant application for discretionary review, again seeking to
    appeal the May 9 order. We again lack jurisdiction.
    An application for discretionary review must be filed within 30 days of entry
    of the judgment or trial court order sought to be appealed. 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. Boyle v. State, 
    190 Ga. App. 734
    , 734 (
    380 SE2d 57
    ) (1989). Alsahlani filed this application more than five
    months after entry of the order he seeks to appeal. Consequently, we lack jurisdiction
    over this untimely application, which is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    11/14/2023
    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: A24D0116

Filed Date: 11/14/2023

Precedential Status: Precedential

Modified Date: 11/14/2023