Benjamin Baier v. Kimberly Baier

Court of Appeals of the State of Georgia ATLANTA,____________________ September 18, 2026 The Court of Appeals hereby passes the following order: A27D0076. BENJAMIN BAIER v. KIMBERLY BAIER. On August 18, 2026, we dismissed Benjamin Baier’s direct appeal from the trial court’s May 1, 2026 final judgment and decree of divorce for failure to comply with the discretionary appeals procedure. See Case No. A27A0075. See also OCGA § 5-6- 35(a)(2), (b). On August 20, 2026, Benjamin Baier filed this application for discretionary appeal, again seeking review of the divorce decree. 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, 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 111 days after entry of the divorce decree, 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.