Summary
The Court of Appeals of Georgia issued an order denying a pro se litigant's emergency motion for leave to file an out-of-time appeal concerning custody orders and a family violence protective order. The court determined it lacked authority to grant the requested extension because the motion was filed after the statutory 30-day deadline had expired and failed to meet the standard for emergency relief. Additionally, the court cautioned the movant against submitting future frivolous or abusive pleadings, warning of potential monetary penalties and restricted court access.
Topics
Practice areas
Questions Presented
- Whether the Court may grant an extension of time to file a notice of appeal after the statutory deadline has passed.
Holdings
- The motion is denied because it was filed after the expiration of the 30‑day period for filing a notice of appeal and the movant failed to show a bona fide effort to obtain an extension from the trial court.
Key quotations
“The movant is cautioned against filing future motions or pleadings in this Court that have no substantial basis in law. Rule 7(e)(2) permits this Court to levy penalties for frivolous appeals, applications, or motions ... with a penalty of up to $2,500, and the penalty shall constitute a money judgment.”
Factual background
Joshua Wright, proceeding pro se, sought review of a custody order, a failure‑to‑appear warrant entered in March 2024, and a three‑year family‑violence protective order entered July 15, 2025. He filed the motion on August 26, 2025, after the 30‑day appeal deadline had expired.
Procedural history
Joshua Wright filed an emergency motion seeking an extension to file a notice of appeal after the statutory 30‑day deadline had passed. The Court of Appeals considered the statutory and rule requirements and denied the motion.