Background
Michael Ward, proceeding pro se, sought discretionary review of a trial-court order dated September 17, 2026. On October 20, 2026, he filed an “Emergency Motion for Extension of Time, Acceptance of Discretionary Application, and, in the Alternative, Leave to File an Out-of-Time Application.”
Ward asked the Court of Appeals to accept an application for discretionary appeal after the statutory filing period had expired.
The Court’s Holding
The Court of Appeals denied Ward’s motion. Under OCGA § 5-6-35(d), an application for discretionary appeal must be filed within 30 days of the order appealed from.
The court held that the requirements of OCGA § 5-6-35 are jurisdictional. Because Ward’s time to file an application had expired, the court lacked jurisdiction to consider the application or grant the requested relief.
Key Takeaways
- The 30-day deadline for a discretionary-appeal application is jurisdictional.
- The Court of Appeals may not accept an application that does not comply with OCGA § 5-6-35.
- A motion for an extension or leave to file out of time cannot confer jurisdiction after the filing period expires.
Why It Matters
The order underscores that litigants seeking discretionary appellate review in Georgia must comply with the statutory deadline. Once the 30-day period expires, the Court of Appeals cannot consider the requested appeal.