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Lisa Deveau v. Alan Deveau

Docket A26E0183

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

FamilyGranted
Filed
Jurisdiction
Georgia
Court
Court of Appeals of Georgia
Type
Opinion
Case type
Family
Disposition
Granted
Docket
A26E0183

Request for extension of time to file an application for discretionary appeal from a superior court order denying a motion for new trial in a divorce action

Summary

The Georgia Court of Appeals granted an emergency motion under Court of Appeals Rule 40(b) to extend the time for filing an application for discretionary appeal. The superior court had denied the appellant's motion for new trial in a divorce case on March 17, 2026. The appellant's counsel requested additional time to file the discretionary-appeal application, and the Court of Appeals allowed the extension until May 18, 2026. The order only addresses the filing deadline extension and does not decide the merits of the underlying divorce or new-trial denial.

Issues Decided

  • Whether to grant an extension of time under Court of Appeals Rule 40(b) to file an application for discretionary appeal
  • Whether the appellant should be permitted to file the discretionary-appeal application by the new deadline of May 18, 2026

Court's Reasoning

The court granted the emergency motion under its Rule 40(b), which permits extensions for filing applications for discretionary appeal in appropriate circumstances. The order indicates the court found grounds to allow additional time but does not discuss the merits of the underlying denial of the motion for new trial. The limited relief was an extension of the filing deadline to May 18, 2026.

Authorities Cited

  • Court of Appeals Rule 40(b)

Parties

Appellant
Lisa Deveau
Appellee
Alan Deveau
Judge
Court of Appeals of the State of Georgia (Clerk)

Key Dates

Superior court order denying motion for new trial
2026-03-17
Court of Appeals extension order date
2026-04-16
New deadline to file application for discretionary appeal
2026-05-18

What You Should Do Next

  1. 1

    Prepare and file application for discretionary appeal

    Appellant's counsel should complete and file the application for discretionary appeal with the Court of Appeals by the new deadline of 2026-05-18.

  2. 2

    Confirm compliance with Court rules

    Ensure the application meets all form, service, and supporting-document requirements under Court of Appeals rules to avoid further procedural dismissal.

  3. 3

    Consider seeking further relief if needed

    If counsel cannot meet the new deadline, consider promptly filing another emergency motion explaining the reasons and any supporting facts.

Frequently Asked Questions

What did the Court of Appeals decide?
The court granted a short extension allowing the appellant more time to file an application for discretionary appeal; it did not rule on the underlying divorce issues.
Who is affected by this order?
The appellant, Lisa Deveau, and her counsel are affected because they now have until May 18, 2026, to file the application for discretionary appeal.
Does this mean the appeal will be heard?
No. The order only extends the filing deadline for the application to seek discretionary review; the Court of Appeals has not decided whether to accept the appeal.
Can this extension be appealed?
Typically orders granting extensions of filing deadlines are procedural and not separately appealable; further review would depend on specific circumstances and rules.

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 16, 2026

The Court of Appeals hereby passes the following order:

A26E0183. LISA DEVEAU v. ALAN DEVEAU.

      On March 17, 2026, the Superior Court of Cobb County entered an order
denying appellant’s motion for new trial in the above-referenced divorce action. On
April 16, 2026, appellant’s counsel filed an emergency motion, under Court of
Appeals Rule 40(b), seeking an extension of time in which to file an application for a
discretionary appeal of the superior court’s order. Appellant’s motion is hereby
GRANTED. Counsel for appellant has until May 18, 2026, to file an application for
a discretionary appeal.

                                         Court of Appeals of the State of Georgia
                                           Clerk’s Office, Atlanta,____________________
                                                                       04/16/2026
                                                    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.