Alturo Pasco v. J. Brown ( 2017 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    August 11, 2017
    The Court of Appeals hereby passes the following order:
    A18D0021. ALTURO PASCO v. J. BROWN et al.
    Alturo Pasco has filed an application for discretionary review of the trial
    court’s order denying the filing of his motion for preliminary injunction and
    temporary restraining order. Although Pasco has included a copy of the trial court’s
    order, the order was not a stamped “filed” copy as required by Court of Appeals Rule
    31 (c). Without such a copy of the order, we cannot ascertain if the application was
    filed within 30 days of the day it was entered by the trial court clerk, which is a
    jurisdictional prerequisite. See OCGA § 5-6-35 (d); Boyle v. State, 
    190 Ga. App. 734
    (380 SE2d 57) (1989). Accordingly, on July 26, 2017, we ordered Pasco to
    supplement his application within ten days with a stamped “filed” copy of the order.
    We provided that failure to comply with this directive would result in dismissal of the
    application. Pasco did not submit a stamped “filed” copy of the trial court order
    within ten days of our order.
    Without a stamped “filed” copy of the trial court order, we are unable to
    entertain jurisdiction over this case. Accordingly, Pasco’s application is hereby
    DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    08/11/2017
    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.
    

Document Info

Docket Number: A18D0021

Filed Date: 8/22/2017

Precedential Status: Precedential

Modified Date: 8/22/2017