Background
On August 4, 2026, the trial court denied William Daniel Dubee Jr.’s motions to dismiss the indictment, suppress evidence, and return a seized firearm.
The trial court certified those orders for immediate review on September 15, 2026. Dubee then sought interlocutory review in the Georgia Court of Appeals.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. Under OCGA § 5-6-34(b), a trial court must certify an order for immediate review within ten days after entry, and a timely certificate is jurisdictional.
Here, the certificate was entered 42 days after the underlying orders. Because it was untimely, the court could not consider Dubee’s interlocutory application.
Key Takeaways
- A certificate of immediate review must be entered within ten days of the challenged order.
- An untimely certificate deprives the Georgia Court of Appeals of jurisdiction over an interlocutory application.
- The trial court may vacate and reinstate the underlying orders and certificate to permit a renewed interlocutory appeal.
Why It Matters
The order underscores that Georgia’s ten-day certification deadline is jurisdictional, not a procedural technicality that an appellate court may overlook.
It also identifies a potential procedural remedy: the trial court may vacate and reinstate the orders and certificate, allowing the defendant another opportunity to seek timely interlocutory review.