David McClure v. Chris McCurry

Court of Appeals
of the State of Georgia

                                       ATLANTA,____________________
                                                 December 19, 2014

The Court of Appeals hereby passes the following order:

A15D0187. DAVID MCCLURE v. CHRIS MCCURRY, et al.

      On November 10, 2014, the trial court entered an order granting Defendants
Riverstone Professional Building, LLC and Chris McCurry’s motion for OCGA § 9-
15-14 attorney fees. Thirty-one days later, on December 11, 2014, David McClure
filed this application for discretionary appeal, seeking review of that order. We,
however, lack jurisdiction.
      To be timely, a discretionary application must be filed within 30 days of entry
of the order to be appealed. OCGA § 5-6-35 (d); Hill v. State, 

 (

) (1992). The filing date of an application for discretionary appeal is
calculated from the date of entry of the order sought to be appealed. See OCGA § 5-
6-35 (a). Accordingly, McClure’s application for discretionary appeal is untimely and
is hereby DISMISSED.

                                       Court of Appeals of the State of Georgia
                                                                            12/19/2014
                                              Clerk’s Office, Atlanta,____________________
                                              I certify that the above is a true extract from
                                       the minutes of the Court of Appeals of Georgia.
                                              Witness my signature and the seal of said court
                                       hereto affixed the day and year last above written.


                                                                                       , Clerk.