Tunde Akethomas v. Ayotunde Akethomas

Summary

The Court of Appeals of Georgia grants Tunde Akethomas’s motion for an extension of time to file an application for discretionary appeal in an underlying divorce proceeding. Applying Court of Appeals Rule 16(c) and OCGA § 5-6-35(d), the court limits the extension to 30 days and sets April 10, 2023, as the filing deadline.

Holdings

1. The Court of Appeals may grant an extension of time to file an application for discretionary appeal only up to the time otherwise allowed for filing the application; because OCGA § 5-6-35(d) allows 30 days from entry of the order, the requested 45-day extension could not be granted.

Questions Presented

1. Whether the Court of Appeals could grant a 45-day extension of time to file an application for discretionary appeal.
2. What length of extension the Court of Appeals could grant under Court of Appeals Rule 16(c) and OCGA § 5-6-35(d).

Disposition

other