Jose Castro v. Karina Frias - Discretionary Application Dismissed

GA Court of Appeals Opinions

Filed March 2nd, 2026

Detected March 2nd, 2026

Summary

The Court of Appeals of Georgia dismissed Jose Castro's discretionary application for appeal in the case Jose Castro v. Karina Frias. The dismissal was due to the application being filed untimely, more than 30 days after the entry of the trial court's order, violating jurisdictional deadlines.

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What changed

The Court of Appeals of Georgia has dismissed the discretionary application for appeal filed by Jose Castro in the case Jose Castro v. Karina Frias. The court found the application was untimely, as it was filed five months after the entry of the trial court's order, exceeding the statutory 30-day deadline for discretionary appeals. This dismissal is based on jurisdictional grounds as per OCGA § 5-6-35(d).

This ruling reinforces the strict adherence to jurisdictional deadlines in appellate procedure. Legal professionals representing parties in Georgia courts should ensure that all applications for discretionary appeal are filed within the prescribed 30-day window following the entry of the order being appealed to avoid dismissal for lack of jurisdiction. No specific compliance deadline is applicable beyond the existing statutory requirement.

What to do next

Ensure all discretionary appeals are filed within 30 days of the trial court order's entry.

Source document (simplified)

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March 2, 2026 Get Citation Alerts Download PDF Add Note

Jose Castro v. Karina Frias

Court of Appeals of Georgia

Citations: None known
Docket Number: A26D0340
Disposition: Discretionary Application Dismissed
Opinion
Authorities (2)
Cited By (0)
Summaries (0)
Similar Cases (0)
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Disposition

Discretionary Application Dismissed

Combined Opinion

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.