Beaubrun v. Durand — Dismissed an application for discretionary review as untimely

Case
Thony Beaubrun v. Merline Durand et al.
Court
Court of Appeals of Georgia
Judge
Not specified
Date Decided
October 5, 2026
Docket No.
A27D0192
Topics
Appellate Procedure; Discretionary Review; Jurisdiction; Filing Deadlines
Source
Read the full opinion

Background

Thony Beaubrun, a prisoner, sought discretionary review of a trial court’s September 2, 2025 final order in a civil action involving Merline Durand and others.

Beaubrun filed his application for discretionary review on September 28, 2026, more than one year after the trial court entered its final order.

The Court’s Holding

The Court of Appeals of Georgia dismissed Beaubrun’s application as untimely. Under OCGA § 5-6-35(d), an application for discretionary review must be filed within 30 days after entry of the order to be appealed.

The court explained that the statutory deadline is jurisdictional and that it could not accept an application filed outside that period. Because Beaubrun filed more than a year after entry of the final order, the court lacked jurisdiction to consider the application.

Key Takeaways

  • An application for discretionary review under OCGA § 5-6-35(d) must be filed within 30 days after entry of the challenged order.
  • The 30-day deadline is jurisdictional and cannot be waived by the Court of Appeals.
  • An application filed more than a year after the final order is subject to dismissal as untimely.

Why It Matters

The order underscores that compliance with Georgia’s appellate filing deadlines is a prerequisite to review, not a procedural technicality that the appellate court may excuse. Litigants seeking discretionary review must calculate the deadline from entry of the order and file within the statutory period.

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