Reginald Ross v. State

Summary

The Georgia Court of Appeals dismissed Reginald Ross’s application for discretionary appeal for lack of jurisdiction. The court held that the application was filed 33 days after the trial court’s November 18, 2020 order, exceeding the 30-day deadline under OCGA § 5-6-35(d), and that a motion for reconsideration neither extended the filing period nor created an independently appealable order.

Holdings

1. The Court of Appeals lacked jurisdiction because the discretionary appeal application was filed outside the 30-day period required by OCGA § 5-6-35(d).
2. The motion for reconsideration did not extend the time to appeal the November 18 dismissal order, and the order denying reconsideration was not independently appealable.

Questions Presented

1. Whether the Court of Appeals had jurisdiction over Ross's discretionary appeal application filed 33 days after entry of the trial court's dismissal order.
2. Whether Ross's motion for reconsideration extended the time to appeal the underlying dismissal order.
3. Whether the order denying reconsideration was independently appealable.

Disposition

dismissed