Jose Castro v. Karina Frias

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 02, 2026

The Court of Appeals hereby passes the following order:

A26D0340. JOSE CASTRO v. KARINA FRIAS.

Jose Castro filed this application for discretionary appeal on February 5, 2026,
purportedly seeking review of a trial court order entered on February 3, 2026.
However, the only order attached to the application was entered on September 3,
2025. An application for discretionary appeal must be filed within 30 days of entry of
the order to be appealed. OCGA § 5-6-35(d); Hill v. State, 204 Ga. App. 582, 583 (420
SE2d 393) (1992). This statutory deadline is jurisdictional, and we cannot accept an
application for appeal not made in compliance with OCGA § 5-6-35(d). Boyle v. State,
190 Ga. App. 734, 734 (380 SE2d 57) (1989). Because Castro filed this application five
months after entry of the trial court’s order, it is untimely and is hereby DISMISSED
for lack of jurisdiction.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/02/2026
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.