Pshatoia Larose v. Alexis McFarland ( 2023 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
December 11, 2023
The Court of Appeals hereby passes the following order:
A24D0165. PSHATOIA LAROSE v. ALEXIS MCFARLAND et al.
Pshatoia Larose filed a complaint against the defendants. The defendants filed
a motion to dismiss, which the trial court converted to a motion for a summary
judgment. On October 13, 2023, the trial court granted the defendants’ motion for
summary judgment and dismissed Larose’s complaint. Larose then filed this
application for discretionary appeal on November 20, 2023.
Generally, an order granting summary judgment is directly appealable. See
OCGA § 9-11-56 (h). And ordinarily, when a party has a right of direct appeal and
files an application for discretionary appeal, we will grant the application. See OCGA
§ 5-6-35 (j). However, the application for a discretionary appeal must be filed within
30 days of the order being appealed. See OCGA § 5-6-35 (d). Here, Larose filed her
application 38 days after entry of the order she seeks to appeal. Given that the
application is untimely, we are without jurisdiction to consider it. See In the Interest
of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016) (holding that an appellate court
lacks jurisdiction over an untimely application for discretionary appeal); Hair
Restoration Specialists v. State of Ga., 360 Ga. App. 901, 903 (862 SE2d 564) (2021)
(same). Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
12/11/2023
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.