Robert Kelly West IV v. Parklane on Peachtree Condominium Association, Inc
CourtCourt of Appeals of Georgia
Date FiledMay 26, 2026
DocketA26D0514
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
May 26, 2026
The Court of Appeals hereby passes the following order:
A26D0514. ROBERT KELLY WEST IV v. PARKLANE ON PEACHTREE
CONDOMINIUM ASSOCIATION, INC.
In this civil action, the trial court entered an order denying Robert K. West,
IV’s motion to set aside default judgment on October 24, 2025. On May 8, 2026,
West filed this application for discretionary review, seeking to appeal the October
2025 order. We lack jurisdiction.
An application for discretionary review must be filed within 30 days of entry of
the order or judgment sought to be appealed. OCGA § 5-6-35 (d). The requirements
of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for
appeal not made in compliance therewith. Boyle v. State, 190 Ga. App. 734, 734 (380
SE2d 57) (1989). West’s application is untimely, as it was filed 196 days after entry of
the order he seeks to appeal. Consequently, this untimely application is hereby
DISMISSED for lack of jurisdiction.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
05/26/2026
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.