Elaine Turner v. Barbara Rivera Holmes, Commissioner

Court of Appeals of the State of Georgia ATLANTA,____________________ September 18, 2026 The Court of Appeals hereby passes the following order: A27D0117. ELAINE TURNER v. BARBARA RIVERA HOLMES, COMMISSIONER et al. On August 13, 2026, we dismissed Elaine Turner’s direct appeal from the trial court’s June 9, 2026 order denying a motion to set aside because she failed to comply with the discretionary appeals procedure and because her appeal was untimely. See Case No. A27A0070. On September 2, 2026, Turner filed this application for discretionary appeal, again seeking review of the June 9 order. We again 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, 204 Ga. App. 582, 583 (420 SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35(d). Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). As this application was filed 86 days after entry of the order sought to be appealed, it is untimely and is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/18/2026 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.