Patel v. City of Atlanta

• Decision Date: 28 June 2022
• Docket Number: A22D0412
• Parties: GREESHA PATEL v. CITY OF ATLANTA.
• Court: Georgia Court of Appeals

GREESHA PATEL v. CITY OF ATLANTA.

No. A22D0412

Court of Appeals of Georgia

June 28, 2022

The Court of Appeals hereby passes the following order:

On June 6, 2022, Greesha Patel filed this application for discretionary review of the trial court's January 7, 2022 order granting the City of Atlanta's motion to dismiss.^[1] We lack jurisdiction because the application is untimely.

To be timely, an application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). As this application was filed 150 days after entry of the order at issue, the application is untimely and is hereby DISMISSED. See Crosson v. Conway, 291 Ga. 220, 220 (1) (728 S.E.2d 617) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith.").

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^[1] It appears that the order was subject to direct appeal, and Patel also filed a timely notice of appeal from the same order. See Case No. A22A1478. However, that appeal is subject to dismissal for failure to file a brief. See Court of Appeals Rule 23 (a).

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