Background
Navy Federal Credit Union obtained a final judgment against Teyunia Burley in a debt action on July 7, 2026. Burley initially filed a direct appeal, but the Court of Appeals dismissed it because an application for discretionary appeal was required under OCGA § 5-6-35(a)(6).
On August 13, 2026, Burley filed an application for discretionary appeal from the trial court’s judgment, along with a motion to stay enforcement of that judgment.
The Court’s Holding
The Court of Appeals dismissed the discretionary application for lack of jurisdiction. Under OCGA § 5-6-35(d), such an application must be filed within 30 days after entry of the order to be appealed, and compliance with that procedure is jurisdictional.
Burley filed her application 37 days after the July 7 judgment. Because it was untimely, the court could not consider it. The court denied Burley’s motion to stay enforcement of the judgment as moot.
Key Takeaways
- A discretionary appeal application must be filed within 30 days of the appealed order.
- Failure to comply with Georgia’s discretionary-appeal procedure deprives the appellate court of jurisdiction.
- An untimely application cannot be rescued by a prior dismissed direct appeal.
Why It Matters
The order underscores that Georgia’s discretionary-appeal deadline is jurisdictional. Parties seeking review of judgments subject to OCGA § 5-6-35 must use the required procedure and file within the statutory 30-day period.