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Felicia Payne v. Franklin Payne, Jr.
Citation: Not availableDocket: A17D0485
Court: Court of Appeals of Georgia; July 4, 2017; Georgia; State Appellate Court
Original Court Document: View Document
On March 13, 2017, the trial court issued a final judgment and decree of divorce between Franklin Payne, Jr. (plaintiff) and Felicia Payne (defendant), which included an award of attorney fees to Franklin Payne, Jr. Felicia Payne filed an application for discretionary review on June 2, 2017. However, the Court of Appeals of Georgia determined that this application was untimely, as it was filed 81 days after the judgment, exceeding the 30-day limit set forth in OCGA § 5-6-35. The court emphasized that compliance with OCGA § 5-6-35 is jurisdictional, meaning that the court lacks authority to accept an application that does not meet the required timeline. Consequently, the application for discretionary review was dismissed due to lack of jurisdiction. The dismissal was formally recorded by the Clerk’s Office of the Court of Appeals on June 26, 2017.