In the Interest Of: M. S., a Child (Mother)

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 16, 2017

The Court of Appeals hereby passes the following order: A17D0268. IN THE INTEREST OF M. S., a child (Mother).

On January 24, 2017, the mother of minor child M. S. filed this application for discretionary appeal from the trial court’s order denying her motion for a new trial in this termination of parental rights case. The mother has failed, however, to include a stamped “filed” copy of her motion for a new trial.1 As a result, we are unable to ascertain whether her motion was timely filed and thus tolled the time for filing this application.2 An application is timely if it is filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-35 (d). For this Court to have jurisdiction, an application for discretionary appeal must be timely filed. See In the Interest of B. R. F., 299 Ga. 294, 298 (788 SE2d 416) (2016); Boyle v. State of Ga., 90 Ga. App. 734 (380 SE2d 57) (1989). Although a motion for a new trial may extend the time in which appellate relief may be sought, it must be filed within 30 days of the entry of judgment. OCGA §§ 5-5-40 (a); 5-6-35 (d). An untimely motion for a new trial is void and does not toll the time for filing the application. See Wright v. Rhodes, 198 Ga. App. 269 (401 SE2d 35) (1990). As the applicant, the mother bears the burden of showing that her application should be granted. Harper v. Harper, 259 Ga. 246 (378 SE2d 673) (1989). As part

1 The mother has submitted a copy of a motion for new trial, but it lacks a “filed” stamp. 2 The order terminating the mother’s parental rights was entered on May 3, 2016.

of this burden, she is required to “include with the application a copy of any petition or motion that led directly to the order or judgment being appealed.” Court of Appeals Rule 31 (e); see also OCGA § 5-6-35 (c). By omitting from her application a stamped “filed” copy of her motion for a new trial, the mother has failed to show that this Court has jurisdiction to consider her application. Consequently, this application for discretionary appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/16/2017 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.