Kris Grice v. Katherine Reilly

Court of Appeals of the State of Georgia

ATLANTA,____________________ July 27, 2017

The Court of Appeals hereby passes the following order: A17A2042. KRIS GRICE v. KATHERINE REILLY.

On May 24, 2017, this Court granted Kris Grice’s application for discretionary appeal of the trial court’s order denying his motion for new trial on the granting of a three-year extension to a temporary protective order. Grice, however, did not file a notice of appeal until June 21, 2017. Katherine Reilly, the appellee, has filed a motion to dismiss the appeal as untimely. OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within 10 days of the granting of a discretionary appeal. See OCGA § 5-6-35 (g) (“Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, shall file a notice of appeal as provided by law.”). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court, and the burden is upon the appellant to file a timely notice of appeal. Moncrief v. Tara Apts., Ltd., 162 Ga. App. 695, 695 (293 SE2d 352) (1982). Grice’s failure to comply with this requirement deprives us of jurisdiction over his appeal. See Barnes v. Justis, 223 Ga. App. 671 (478 SE2d 402) (1996) (dismissing a discretionary appeal for failure to file a timely notice of appeal as required by OCGA § 5-6-35 (g)).

Accordingly, Reilly’s motion to dismiss is hereby GRANTED, and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 07/27/2017 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.