Ashlee Mock v. State of Georgia
Docket A26I0175
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- Filed
- Jurisdiction
- Georgia
- Court
- Court of Appeals of Georgia
- Type
- Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- A26I0175
Application for interlocutory review of trial court's order striking defendant's answer in a civil forfeiture action
Summary
The Court of Appeals dismissed Ashlee Mock’s application for interlocutory review of the trial court’s order striking her answer in a civil forfeiture case because the application was filed late. The trial court struck Mock’s answer on January 7, 2026, and issued a certificate of immediate review on January 20, 2026. Mock filed her application in this Court 28 days after that certificate, but Georgia law requires an application be filed within ten days of the certificate. Because the timeliness requirement is jurisdictional, the court had to dismiss the untimely application.
Issues Decided
- Whether the Court of Appeals had jurisdiction to consider an interlocutory application filed more than ten days after the trial court's certificate of immediate review under OCGA § 5-6-34(b).
- Whether the timeliness requirement in OCGA § 5-6-34(b) is jurisdictional and mandates dismissal if not met.
Court's Reasoning
OCGA § 5-6-34(b) requires that an application for interlocutory review be filed in the Court of Appeals within ten days after the trial court issues a certificate of immediate review. Mock filed her application 28 days after the certificate was entered, making it untimely. Because the statute's timing requirement is jurisdictional under Georgia precedent, the court lacked authority to hear the interlocutory application and therefore dismissed it.
Authorities Cited
- OCGA § 5-6-34(b)
- OCGA § 9-16-1 et seq. (Georgia Uniform Civil Forfeiture Procedure Act)
- Islamkhan v. Khan299 Ga. 548 (2016)
- Van Schallern v. Stanco130 Ga. App. 687 (1974)
Parties
- Appellant
- Ashlee Mock
- Appellee
- State of Georgia
- Judge
- Court of Appeals of the State of Georgia
Key Dates
- trial court order striking answer
- 2026-01-07
- certificate of immediate review entered
- 2026-01-20
- application filed in Court of Appeals
- 2026-02-17
- Court of Appeals order dismissing application
- 2026-04-28
What You Should Do Next
- 1
Await final judgment
Proceed with litigation in the trial court and, if dissatisfied with the final judgment, prepare to file a timely appeal from that final decision.
- 2
Consult counsel about timing and remedies
Discuss with an attorney whether any procedural or equitable grounds exist to challenge the timeliness determination or to preserve issues for appeal.
- 3
Preserve the record
Ensure the trial court record is complete and that all arguments and objections are properly preserved to support any future appeal after final judgment.
Frequently Asked Questions
- What did the court decide?
- The Court of Appeals dismissed the interlocutory application because it was filed after the ten-day deadline set by law, so the court had no jurisdiction to hear it.
- Who is affected by this decision?
- Ashlee Mock, who sought immediate appellate review of the trial court's order striking her answer in a civil forfeiture case, is affected; the State of Georgia is the opposing party.
- What happens next in the underlying case?
- Because interlocutory review was dismissed, Mock must await final judgment in the trial court and then may appeal from that final judgment if appropriate.
- Can this dismissal be appealed or reopened?
- The dismissal was based on a jurisdictional timeliness rule; reopening or appellate review of the dismissal itself is unlikely unless there is a basis to show the filing was timely or that the rule does not apply.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Court of Appeals
of the State of Georgia
ATLANTA,____________________
April 28, 2026
The Court of Appeals hereby passes the following order:
A26I0175. ASHLEE MOCK v. STATE OF GEORGIA et al.
The State filed this action under the Georgia Uniform Civil Forfeiture
Procedure Act, OCGA § 9-16-1 et seq., to seize certain real property. Purported
owner/interest holder Ashlee Mock answered the complaint. On January 7, 2026, the
trial court determined that Mock’s answer was insufficient and granted the State’s
motion to strike it. On January 20, 2026,1 the trial court granted Mock a certificate of
immediate review as to its order striking her answer. On February 17, 2026, Mock
filed this application.2 We, however, lack jurisdiction.
Under OCGA § 5-6-34(b), a party may request interlocutory review if the trial
court certifies within ten days of entry of the order at issue that immediate review
should be had. An application for interlocutory review must be filed in this Court
within ten days after the certificate of immediate review is granted. OCGA §
5-6-34(b). See Van Schallern v. Stanco, 130 Ga. App. 687 (204 SE2d 317) (1974).
1
“When a filing deadline falls on a Saturday, Sunday, an official state or
national holiday, or a time when the Clerk’s office is closed for an emergency (such
as inclement weather), the deadline is extended to the next business day.” Court of
Appeals Rule 3. In this case, the tenth day after entry of the court’s order was
Saturday, January 17, 2026, and Monday, January 19, 2026, was a federal holiday.
Thus, January 20, 2026, was the last permissible date on which the certificate of
immediate review could be entered.
2
Mock initially filed the application in the Supreme Court, which transferred
the matter to this Court. See Case No. S26I0879 (Mar.12, 2026).
Here, Mock filed this application 28 days after the trial court entered the
certificate of immediate review. Thus, Mock’s application was untimely. The
requirements of OCGA § 5-6-34(b) are jurisdictional, and if a party seeking
interlocutory review does not comply with these requirements, the party must wait
until final judgment to appeal. See Islamkhan v. Khan, 299 Ga. 548, 551(2) (787 SE2d
731) (2016).
Accordingly, this application is hereby dismissed.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
04/28/2026
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.