Background
Herman L. Johnson sought review of a trial court’s June 2, 2026 order denying his motion to vacate judgment.
Johnson previously filed a direct appeal from that order. On July 21, 2026, the Court of Appeals dismissed that appeal because Johnson did not follow Georgia’s discretionary-appeal procedure. He then filed this application for discretionary appeal on August 20, 2026.
The Court’s Holding
The Court of Appeals dismissed the application for lack of jurisdiction. A discretionary application must be filed within 30 days after entry of the order being appealed under OCGA § 5-6-35(d).
Johnson filed his application 79 days after the June 2 order. Because the statutory filing deadline is jurisdictional, the court held it could not accept the untimely application.
Key Takeaways
- A discretionary appeal application must be filed within 30 days of the appealed order.
- The statutory deadline under OCGA § 5-6-35(d) is jurisdictional.
- A prior dismissal of an improper direct appeal does not make a later, untimely discretionary application viable.
Why It Matters
The order underscores that parties must use the correct appellate vehicle and meet its filing deadline. Once the 30-day deadline for a discretionary application expires, the appellate court lacks authority to consider the application.