John Timothy Copeland, Sr. v. Jennifer Copeland

Court of Appeals of the State of Georgia February 11, 2021 ATLANTA,____________________ The Court of Appeals hereby passes the following order: A21A0921. JOHN TIMOTHY COPELAND, SR. v. JENNIFER COPELAND. On November 24, 2020, this Court granted John Timothy Copeland, Sr.’s application for discretionary appeal from the trial court’s order granting a family violence temporary protective order in favor of his ex-wife, Jennifer Copeland. See Case No. A21D0105. This Court’s order directed John Copeland to file a notice of appeal within ten days of the date of the order. See OCGA § 5-6-35 (g). John Copeland filed his notice of appeal on December 7, 2020. We lack jurisdiction. OCGA § 5-6-35 (g) imposes a mandatory obligation on an appellant to file a notice of appeal within ten days of the granting of a discretionary appeal. 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 ( 293 SE2d 352 ) (1982). John Copeland filed his notice of appeal 13 days after the order granting his application for discretionary appeal was issued. His failure to timely file a notice of appeal deprives us of jurisdiction over his appeal. See Barnes v. Justis, 223 Ga. App. 671, 672 ( 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, this appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 02/11/2021 Clerk’s Office, Atlanta,____________________ 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.