In the Interest of S. M. B., 319 Ga. App. 125

The juvenile court terminated the father's parental rights to S. M. B. on August 16, 2011.
The father sought discretionary appellate review, but his filings did not comply with OCGA § 5-6-35 (d)’s 30‑day deadline.
The trial court granted an out‑of‑time discretionary appeal, tolling the 30‑day period to file the application for discretionary appeal.
Our Supreme Court in Gable v. State held extensions to file discretionary applications lie with appellate courts and must be timely; trial courts lack jurisdiction to grant extensions to file such applications.
The appellate court ultimately dismissed the father's application for lack of jurisdiction because the out‑of‑time appeal was unauthorized and no constitutional right to direct appeal existed in this civil termination case.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court authority to grant an out-of-time discretionary appeal in a termination case exists	Father's counsel failure justified an out‑of‑time appeal per Gable.	Trial court lacked jurisdiction to grant such extension; extensions are appellate‑court power.	No jurisdiction to grant out‑of‑time discretionary appeal; dismissal affirmed.
Whether a right to direct appeal or out‑of‑time appeal exists in termination proceedings	Father had a fundamental right to appeal and to counsel; due process requires remedy for ineffective assistance.	No constitutional right to a direct appeal in civil termination cases; remedy not guaranteed.	No right to direct appeal; out‑of‑time remedy not available absent constitutional entitlement.
Whether the procedural deadline for filing OCGA § 5-6-35 (d) discretionary appeals controls jurisdiction	Deadline was tolled improperly, creating a viable out‑of‑time path.	Statutory deadline cannot be extended by trial court; dispositive under Gable.	Deadline controls; out‑of‑time path not available.

Rowland v. State, 264 Ga. 872 (1995) (court must raise jurisdictional questions where doubt exists)
Wilson v. Carver, 252 Ga. App. 174 (2001) (discretionary appeal deadline strict; later overruled on other grounds)
Rosenstein v. Jenkins, 166 Ga. App. 385 (1983) (trial court cannot extend time for discretionary appeal)
Gable v. State, 290 Ga. 81 (2011) (trial courts cannot grant extensions to file discretionary appeals; extensions reserved for appellate courts)
Stephens v. State, 291 Ga. 837 (2012) (out-of-time appeals require underlying right to a direct appeal for applicability)
In the Interest of J. M. B., 296 Ga. App. 786 (2009) (parens rights and counsel appointment in termination proceedings)
In the Interest of N. A. U. E., 287 Ga. 797 (2010) (due process considerations in termination cases; no guaranteed appeal right)
In the Interest of A. R. A. S., 278 Ga. App. 608 (2006) (termination proceedings and protections for parents)
In the Interest of A. C., 285 Ga. 829 (2009) (statutory framework for appellate review in termination cases)
Nix v. Dept. of Human Resources, 236 Ga. 794 (1976) (counsel assignment and due process in termination contexts)
Santosky v. Kramer, 455 U.S. 745 (1982) (due process and substantial safeguards in parental rights termination)