Gregory Tyron Flunder Sr v Ryann Danette Flunder - Case Dismissed

GA Court of Appeals Opinions

Filed March 20th, 2026

Detected March 20th, 2026

Summary

The Georgia Court of Appeals dismissed Gregory Flunder Sr.'s discretionary application for appeal as untimely. The application was filed more than 30 days after the trial court's final divorce judgment, exceeding the statutory deadline. The court cited OCGA § 5-6-35(d) and Court of Appeals Rule 31(a) in its dismissal.

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What changed

The Georgia Court of Appeals has dismissed Gregory Tyron Flunder Sr.'s discretionary application for appeal in the divorce case against Ryann Danette Flunder. The dismissal is due to the application being filed outside the 30-day window stipulated by OCGA § 5-6-35(d) and Court of Appeals Rule 31(a), following the trial court's final judgment and decree of divorce issued on August 25, 2025. This marks the second instance of an appeal being dismissed, as a prior direct appeal was also dismissed for failing to file a discretionary application.

This ruling underscores the critical importance of adhering to appellate filing deadlines, which are jurisdictional. For legal professionals involved in divorce or other family law matters, this case serves as a reminder to meticulously track and comply with all procedural requirements for appeals. Failure to do so, as demonstrated here, will result in the dismissal of the appeal, leaving the lower court's decision as final.

What to do next

Review appellate filing deadlines for discretionary applications in Georgia.
Ensure all appeals are filed within the 30-day statutory period following the entry of judgment.

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March 20, 2026 Get Citation Alerts Download PDF Add Note

Gregory Tyron Flunder, Sr v. Ryann Danette Flunder

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0384
Disposition: Discretionary Application Dismissed
Opinion
Authorities (1)
Cited By (0)
Summaries (0)
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Disposition

Discretionary Application Dismissed

Combined Opinion

Court of Appeals
of the State of Georgia

ATLANTA,____________________
March 20, 2026

The Court of Appeals hereby passes the following order:

A26D0384. GREGORY TYRON FLUNDER, SR. v. RYANN DANETTE
FLUNDER.

In this divorce action, the trial court issued a final judgment and decree of
divorce on August 25, 2025. Gregory Flunder, Sr., filed a direct appeal from that
order, which we dismissed for failure to file a discretionary application. See Case No.
A26A0955 (Jan. 7, 2026). Gregory then filed this application on February 26, 2026.
We, however, lack jurisdiction.
To be timely, a discretionary application must be filed within 30 days after entry
of the order or judgment to be appealed. OCGA § 5-6-35(d); Court of Appeals Rule
31(a). “The filing deadline is jurisdictional, and this [C]ourt is unable to accept an
untimely application.” In the Interest of B. R. F., 338 Ga. App. 762, 762 (791 SE2d 859)
(2016).
Because Gregory filed his application for discretionary appeal more than 30
days after entry of the order he seeks to appeal, we lack jurisdiction to consider his
untimely application, which is hereby DISMISSED.

Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
03/20/2026
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.