LARAY J. BENTON & GEORGIA W. BENTON v. CITY OF PORT WENTWORTH
CourtCourt of Appeals of Georgia
Date FiledJuly 16, 2026
DocketA26D0611
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
July 16, 2026
The Court of Appeals hereby passes the following order:
A26D0611. LARAY J. BENTON & GEORGIA W. BENTON v. CITY OF
PORT WENTWORTH et al.
On April 16, 2026, the superior court entered an order which granted the
motion filed by the City of Port Wentworth and others for a bill of peace and perpetual
injunction against Laray J. Benton and Georgia W. Benton. On June 25, 2026, the
Bentons filed this discretionary application, seeking to appeal that order, as well as
orders the superior court issued earlier. This Court, however, lacks jurisdiction.
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). Compliance with this
statutory deadline is an absolute requirement to confer jurisdiction in this Court, and
thus, the untimely filing of a discretionary application requires its dismissal. See Gable
v. State, 290 Ga. 81, 82(2)(a) (720 SE2d 170) (2011). The Bentons’ application, which
they filed 70 days after entry of the order they seek to appeal, is untimely.
Accordingly, this application is hereby DISMISSED.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
07/16/2026
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.