Georgia Court of Appeals, 2014

Timothy Rowland v. State

Timothy Rowland v. State
Georgia Court of Appeals · Decided June 17, 2014

Timothy Rowland v. State

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ June 17, 2014 The Court of Appeals hereby passes the following order: A14I0218. TIMOTHY ROWLAND v. THE STATE.

On May 12, 2014, the trial court denied Timothy Rowland’s motion to suppress and motion in limine. Although the trial court signed a certificate of immediate review on May 22, 2014, Rowland did not file his application until June 4, 2014. We lack jurisdiction.

Under OCGA § 5-6-34 (b), an application for interlocutory appeal is valid only if filed within 10 days of the date that a timely certificate of immediate review is entered in the court below. See Genter v. State, 218 Ga. App. 311 (460 SE2d 879) (1995). Because this application was filed 13 days after entry of the certificate of immediate review, it is untimely.1 Accordingly, this application is DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 06/17/2014 Clerk’s Office, Atlanta,__________________ 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.

The tenth day after the filing of the certificate of immediate review fell on a Sunday. The application should have been filed on the following day.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.