Nguyen v. Hawthorn Glen Homeowners Ass'n

The Court of Appeals hereby passes the following order:

In this judicial foreclosure action, Hong and Nicole Nguyen, proceeding pro se, seek to appeal the superior court's orders dismissing their counterclaims and granting Hawthorn Glen Homeowners Association, Inc.'s motion for summary judgment and awarding it $9,944.93. The trial court filed its summary judgment order on October 3, 2022, and the dismissal order on October 6, 2022, nunc pro tunc to October 3, 2022. The Nguyens filed their application on January 9, 2023. We lack jurisdiction because the application is untimely.

To be timely, a discretionary application must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-35. This statutory deadline is jurisdictional, and we cannot accept an application for appeal not made in compliance with OCGA § 5-6-35 (d). See Perlman v. Perlman, 318 Ga.App. 731, 739 (4) (734 S.E.2d 560) (2012); see also Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989) ("The requirements of OCGA § 5-6-35 are jurisdictional and this [C]ourt cannot accept an appeal not made in compliance therewith."). Here, the Nguyens' application to this Court was filed 98 days after the superior court's judgment.

Accordingly, this application is hereby DISMISSED.