Nadine Marie Jackson-Rone v. Jp Morgan Chase Bank, N.A. ( 2014 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 01, 2014
    The Court of Appeals hereby passes the following order:
    A15D0062. NADINE MARIE JACKSON-RONE v. JP MORGAN CHASE
    BANK, N.A. et al.
    On September 18, 2014, Nadine Jackson-Rone filed this application for
    discretionary appeal seeking review of the trial court’s August 11, 2014 order
    dismissing her complaint. Although it appears from the scant materials before us that
    the trial court’s order is a directly appealable final judgment, see OCGA § 5-6-34 (a),
    we lack jurisdiction to consider Jackson-Rone’s application because it is untimely.1
    Ordinarily, if a party applies for discretionary review of a directly appealable
    order, we grant the application under OCGA § 5-6-35 (j). To fall within this general
    rule, however, the application must be filed within 30 days of entry of the order to be
    appealed. See OCGA § 5-6-35 (d) and (j); Hill v. State, 
    204 Ga. App. 582
    (420 SE2d
    393) (1992). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court
    cannot accept an application for appeal not made in compliance therewith. See Boyle
    v. State, 
    190 Ga. App. 734
    (380 SE2d 57) (1989). Because Jackson-Rone filed her
    application 38 days after entry of the order she seeks to appeal, the application is
    1
    We transferred this case to the Supreme Court because of Jackson-Rone’s
    claim for quiet title. The Supreme Court returned the case because the application did
    not sufficiently establish the Supreme Court’s subject matter jurisdiction.
    untimely, and it is hereby DISMISSED for lack of jurisdiction.2
    Court of Appeals of the State of Georgia
    12/01/2014
    Clerk’s Office, Atlanta,____________________
    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.
    2
    JP Morgan Chase Bank’s responsive brief shows that Jackson-Rone filed a
    timely notice of appeal in the trial court. Thus, the trial court’s order will be reviewed
    by this Court on direct appeal.
    

Document Info

Docket Number: A15D0062

Filed Date: 12/12/2014

Precedential Status: Precedential

Modified Date: 12/12/2014