Ga. Code Ann. § 5-6-38

Section 5-6-38 requires entry of the judgment before an appeal may be taken; a judgment is not appealable until it is entered.

Crimminger v. Habif · filed 1985-04-01

The Appellate Practice Act in OCGA § 5-6-38 “specifically provides the judgment appealed from must have been entered before the appeal is taken . . . [and means] the judgment can not be considered appealable until it is actually entered.

Section 5-6-38's notice-of-appeal time requirement is liberally construed, and substantial compliance in the notification process is sufficient.

Oller v. State · filed 1988-07-13(a)

However, the statutory time requirement of OCGA § 5-6-38 is to be liberally construed so as to bring about a decision on the merits of every case appealed and to avoid dismissal of any case or refusal to consider any points raised therein, except as specifically referred to and authorized by applicable statute. OCGA § 5-6-30. Further, it is sufficient if the provisions of OCGA § 5-6-38 are substantially complied with in the notification of appeal process.

Section 5-6-38 does not require each party seeking review of a single judgment against multiple litigants to file a separate notice of appeal.

Marsden v. Southeastern Sash & Door Co. · filed 1989-11-20

Contrary to Southeastern's assertions, we do not believe that OCGA § 5-6-38 requires a different result. That section merely provides that "[a] notice of appeal shall be filed ...." It does not provide, nor do we construe it to require, that in cases in which one judgment is entered against multiple litigants each party seeking appellate review must file a separate notice of appeal in order to be heard by this court.

A notice of appeal must identify an appealable decision or judgment that the appellant has standing to challenge.

Studdard v. Satcher, Chick, Kapfer, Inc. · filed 1995-03-13

A notice of appeal must be filed from an “appealable decision or judgment” (emphasis supplied) OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal.

Section 5-6-38 allows 30 days to file a notice of appeal; a document filed within that period can serve as its functional equivalent when it gives sufficient notice of the intent to appeal.

Cain v. State · filed 2002-11-25

Cain's May 10 document was filed with the Fulton County Superior Court Clerk's Office within the 30-day period set forth in OCGA § 5-6-38 for the filing of a notice of appeal. ... Accordingly, we hold that Cain's motion for out of time appeal should be deemed the functional equivalent of a notice of appeal from the April 10, 1999 denial of his motion for a new trial.

Section 5-6-38 requires a notice of appeal from an appealable decision or judgment; a plaintiff cannot use a voluntary dismissal to obtain review of earlier orders after the notice deadline.

Waye v. Continental Special Risks, Inc. · filed 2007-12-07

“A notice of appeal must be filed from an appealable decision or judgment, OCGA § 5-6-38, and must be brought by one with standing to pursue the appeal.” ... A voluntary dismissal is not a decision or judgment that may be appealed by a plaintiff.

A motion to divide the costs of preparing the transcript and record for appeal should be addressed to the trial court, subject to review on appeal.

Van Geter v. Housing Authority of Atlanta · filed 1983-07-12(b)

Plaintiff has filed with this court a motion to have the costs of preparing the transcript and record for appeal divided equally between him and defendants. See OCGA § 5-6-38 (b) (Code Ann. § 6-803). Since this motion deals with costs incurred in the trial court, it should be addressed to that court subject to review on appeal.

Section 5-6-38(b) permits a cross-appellant to be ordered to pay half the cost of preparing the record on appeal.

Citizens & Southern Trust Co. v. Hicks · filed 1995-02-17(b)

Hicks’ complaint that the trial court improperly ordered him ... to pay half of the cost of preparing the record on appeal is without merit. OCGA § 5-6-38 (b).

A motion that functions as a motion for new trial tolls the time to appeal under § 5-6-38, even if titled a motion for reconsideration.

Homeland Group, LLC v. Lawson (In re Credo-Lawson) · filed 2016-02-26

This Court concludes Credolawson’s “Motion for Reconsideration” was a motion for new trial which tolled the time to appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days of the trial court’s order; an amended order adding findings does not restart that period.

Sydorowitz v. Fulton Dekalb Hospital Authority D/B/A Grady Health System D/B/A Grady Memorial Hospital · filed 2014-08-15(a)

A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). ... Although the trial court entered an amended order on August 28, that order was not a “new judgment” for purposes of filing an appeal. ... Accordingly, it did not extend the time for filing a notice of appeal.

Section 5-6-38 permits a joint tortfeasor to file a notice of appeal within 30 days after denial of a co-defendant’s motion for new trial when the appellant would have benefited from a grant of that motion.

Denson v. Kloack · filed 1986-01-09

However, under OCGA § 5-6-38, it is clear that appellant would have been relieved of the 30-day filing requirement had she herself previously filed a motion for a new trial. ... Since appellant would have benefitted from the grant of a new trial to her co-defendant, and since the law allows a party to elect to file a motion for new trial or a notice of appeal at his option, we hold that appellant did not act improperly when she withdrew her initial notice of appeal and did not file another until after the disposition of her co-defendant’s motion for new trial. ... Appellant filed her notice of appeal within 30 days of the denial of her co-defendant’s motion for new trial and it was therefore timely.

Section 5-6-38(a) makes enumerations of trial errors premature while a motion for new trial remains pending and the notice of appeal seeks review only of an appeal-bond denial.

Henry v. State · filed 1985-05-01(a)

Despite the fact that his motion for new trial remains pending and the fact that his notice of appeal seeks review only of the denial of the appeal bond, appellant has enumerated eight errors, any one of which, he alleges, entitles him to a new trial. We must grant the State’s motion to dismiss those enumerated errors as prematurely filed and address only the appeal from the denial of bond. OCGA § 5-6-38 (a).

An untimely motion for new trial does not extend the time to file a notice of appeal from a conviction and sentence.

Knox v. State · filed 1986-09-03(a)

Because defendant’s motion for new trial was not timely made, it had to be considered an extraordinary motion for new trial. OCGA § 5-5-41; Dyal v. State, 121 Ga. App. 50 (1) (172 SE2d 326) (1970). As such it would not have extended the time for filing a notice of appeal from the convictions and sentences; therefore, we do not have jurisdiction to entertain the merits of the instant appeal.

Section 5-6-38(a)’s arrest-of-judgment exception to the notice-of-appeal deadline refers to criminal appeals; a civil motion to reinstate does not extend that deadline.

Daniels v. McRae · filed 1986-11-03(a)

Thus, even though OCGA § 5-6-38 lists “arrest of judgment” as one of the motions which extends the time for filing a notice of appeal, it apparently refers to criminal appeals (see OCGA §§ 17-9-60 through 17-9-63) because the repealer section of the CPA (Code Ann. § 81A-201 (jj)) repealed Code Ann. Ch. 110-7 dealing with motions in arrest of judgment.

Section 5-6-38 does not allow a motion to strike to extend the time for filing a notice of appeal.

Jones v. Robertson · filed 1989-05-11

A motion to strike is not one of the three statutory motions which extend the time for filing a notice of appeal. OCGA § 5-6-38.

An untimely motion for new trial does not extend the time to file a notice of appeal from the conviction and sentence or require a second notice after the motion is decided.

Kindle v. State · filed 1986-11-07(a)

However, here we are not dealing with a premature notice of appeal and the failure to file a requisite notice of appeal after denial of the motion for new trial, as the state maintains, because the new trial motion was not timely made. Therefore it had to be considered an extraordinary motion for new trial. OCGA § 5-5-41; Dyal v. State, 121 Ga. App. 50 (1) (172 SE2d 326) (1970). As such it did not extend the time for filing the notice of appeal from the conviction and sentence, Knox v. State, 180 Ga. App. 564 (349 SE2d 753) (1986), so as to mandate another notice of appeal subsequent to a ruling on the motion.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after an order denying a motion for new trial; without an extension, a late filing requires dismissal.

Sikes v. State · filed 1986-12-05(a)

As indicated by our recital of the facts of the instant case, supra, appellant did not comply with the statutory requirements for timely filing of the notice of appeal. Although the certificate of service appended to the notice of appeal bears the date August 22, 1986, the actual date of filing with the Clerk, as attested by that official’s stamp, is August 26. The record contains no motion for extension of time or other authorization of an extension beyond thirty days. Therefore, pursuant to the authority cited supra, we must dismiss this appeal for want of jurisdiction.

Section 5-6-38 makes a case ripe for appeal when the trial court denies a motion for new trial.

Holiday v. State · filed 1988-06-23

When the trial court denied the motion for new trial, the case became ripe for appeal. OCGA § 5-6-38.

Section 5-6-38(a) allows an appeal to be filed within 30 days after an order disposing of a motion for new trial.

Shirley v. State · filed 1988-09-09(a)

Because an appeal may be filed within 30 days of an order disposing of a motion for new trial, OCGA § 5-6-38 (a), the necessity for an out-of-time appeal based upon constitutional deprivation existed in this case only if the motion for new trial was procedurally defective or had been abandoned.

A written court order granting the unconditional withdrawal of a motion for new trial starts a new 30-day period for filing a notice of appeal.

Ailion v. Wade · filed 1989-02-02(a)

Hence, the unconditional withdrawal of the new trial motion, by filing of a written order of the court, states anew the running of. the statutory 30-day period of OCGA § 5-6-38 (a) in which appellant can timely file notice of appeal.

A procedurally proper motion for new trial challenging factual findings after a bench trial extends the time to file a notice of appeal until 30 days after the motion is disposed of.

Gully v. Glover · filed 1989-02-09(a)

Accordingly, we find that the motion for new trial was procedurally proper, and that the period for filing notice of appeal had not expired.

An appeal filed within 30 days after an order disposing of a prematurely filed motion for new trial is timely.

Jessup v. Newman · filed 1989-05-15

That judgment is erroneous because, under OCGA § 5-6-38, regardless of the validity of the motion for new trial, an appeal filed within 30 days after entry of the order finally disposing of the motion is timely filed.

A motion for new trial after a bench trial extends the time to file a notice of appeal.

All Phase Electric Supply Company v. Foster & Cooper, Inc. · filed 1989-10-18(a)

A motion for new trial is a proper procedural vehicle to extend the time for filing a notice of appeal from a judgment rendered after a bench trial. OCGA § 5-6-38 (a). Accordingly, appellees’ motion to dismiss this appeal is denied.

Section 5-6-38(a) requires the operative notice of appeal to be filed within thirty days after disposition of a motion for new trial.

Auld v. Weaver · filed 1990-09-04(a)

Inasmuch as the operative notice of appeal was not filed within thirty days of the disposition of appellant’s motion for new trial, OCGA § 5-6-38 (a), the appeal must be dismissed.

Section 5-6-38(a) does not extend the time for appeal when a motion for new trial is filed more than 30 days after judgment.

Walker v. State · filed 1990-09-11(a)

Since the motion for new trial was not filed within 30 days of the judgment as required by OCGA § 5-5-40 (a), the time for appeal was not extended under OCGA § 5-6-38 (a).

Section 5-6-38 requires a notice of appeal or a specified motion within thirty days of judgment; a motion to amend findings does not extend the time to appeal in a civil case.

American Flat Glass Distributors, Inc. v. Michael · filed 1990-06-22

A judgment entered by a trial court becomes final thirty days after its entry unless, before thirty days, a notice of appeal, a motion for new trial, a motion in arrest of judgment, or a motion for a judgment notwithstanding the verdict is filed. OCGA § 5-6-38. The only motion the appellants filed within the thirty-day period was a motion to amend the findings of fact and conclusions of law. A motion to amend is not a motion which, under the Georgia Appellate Practice Act, extends the time for filing a notice of appeal in a civil case. Taylor v. City of Columbus, 228 Ga. 493 (186 SE2d 539) (1971).

A motion under § 15-11-42 to modify or vacate a juvenile court order does not automatically extend the time to appeal the underlying judgment.

In the Interest of H. A. M. · filed 1991-09-03(a)

A motion under OCGA § 15-11-42, which appellant’s motion asserts to be in that it is bottomed on OCGA § 15-11-42 (a) (1) and (b), is not one of the three types of motions which will automatically extend the time for filing a notice of appeal on the underlying judgment. OCGA § 5-6-38 (a).

Section 5-6-38(a) does not delay the deadline for filing a notice of appeal when the post-trial motion was filed late.

Wal-Mart Stores, Inc. v. Curry · filed 1992-11-05(a)

Therefore, as Wal-Mart failed to comply with OCGA § 5-6-38 (a), it was not entitled to the authorized delay in filing its notice of appeal until after the trail court acted upon its motion.

A notice of appeal must be filed within thirty days after entry of the appealable judgment or an order disposing of a motion for new trial.

Sayre v. State · filed 1983-01-27(a)

“A notice of appeal must be filed within thirty days after entry of the appealable judgment or within thirty days after the entry of an order disposing of a motion for new trial. Code Ann. § 6-803 (a) [OCGA § 5-6-38]. The time for filing such notice may be extended once by the court for an additional thirty days. Code Ann. § 6-804 [OCGA § 5-6-39].” ... In this case no extension was obtained; and consequently we are without jurisdiction to consider the appeal.

Section 5-6-38 requires a timely notice of appeal after disposition of a motion for new trial; a notice filed 31 days later leaves the court without jurisdiction.

McNeese v. State · filed 1983-09-07

Accordingly, this appeal must be dismissed as the notice of appeal was not timely filed. One day late is no less a deadline infraction than being one month late. This court is without jurisdiction where the notice of appeal is not timely filed in accordance with the statutory requirements of OCGA § 5-6-38 (Code Ann. § 6-803).

Section 5-6-38 does not extend the 30-day deadline for filing a notice of appeal when a motion for new trial is voluntarily abandoned without a court order disposing of it or granting an extension.

Taylor v. State · filed 1985-03-08

As defendant voluntarily abandoned his motion for new trial and there is no order of the court disposing of the motion nor any order granting an extension of time or a delayed appeal, there is no extension beyond the 30 days permitted after entry of the judgment. Therefore the appeal must be dismissed for failure to timely file notice of appeal.

Section 5-6-38(a) does not require a notice of appeal to be filed until after the motion for new trial is disposed of.

Whitton v. State · filed 1985-04-04(a)

And, the notice of appeal is not required to be filed until after disposition of the motion for new trial.

Section 5-6-38 makes an appeal premature when a motion for new trial remains pending, even if the notice of appeal was filed on the same day as the motion.

Bradshaw v. Woolford · filed 1985-10-11

It appearing that a motion for new trial was filed in this case on the same date as the notice of appeal and that the motion has not been ruled on by the trial court, it follows that the appeal must be dismissed as premature.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an order denying a motion for new trial; an untimely notice requires dismissal.

Melton v. State · filed 1985-11-20(a)

This court’s jurisdiction to entertain an appeal being conditional upon the proper and timely filing of such notice, and the filing of such notice being required within 30 days after the entry of an order denying a motion for new trial, it follows that the appeal must be dismissed.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after an order disposing of a pending motion for new trial; a notice filed while the motion is pending is premature.

Boothe v. State · filed 1986-02-24(a)

The statute makes it mandatory that the notice of appeal under these circumstances must be filed within 30 days after the entry of the order disposing of the motion for a new trial.

Section 5-6-38(a) requires a notice of appeal within 30 days, and an improper motion for new trial does not extend that deadline.

Pillow v. Seymour · filed 1986-04-09(a)

Where a motion for new trial is not a proper vehicle for review of a trial court’s action, the motion has no validity and will not extend the time for filing the notice of appeal.

An untimely motion for new trial does not toll the time for filing a notice of appeal under § 5-6-38.

Williamson v. State · filed 1987-03-06

Since the untimely filing of the motion for new trial did not toll the time for filing the notice of appeal, this appeal is also dismissed as untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an order denying a motion for new trial; timely filing is required for appellate jurisdiction.

Clark v. State · filed 1987-04-30(a)

Appellant was required to file his notice of appeal within 30 days after the entry of the order denying his motion for new trial. OCGA § 5-6-38 (a). This court’s jurisdiction to entertain an appeal is conditional upon the proper and timely filing of such notice and, without it, we must dismiss the appeal.

Section 5-6-38(a)’s 30-day period for filing a notice of appeal does not begin when a motion for new trial is denied as to fewer than all parties against whom it was sought, unless the requirements of § 9-11-54(b) are met.

Crumbley v. Wyant · filed 1987-07-13(a)

Accordingly, the denial of a motion for new trial as to fewer than all the parties against whom a new trial has actually been sought is not an order “otherwise finally disposing of the motion” so as to trigger the 30-day period established by OCGA § 5-6-38 (a) for the filing of a notice of appeal, unless and until there has been compliance with OCGA § 9-11-54 (b).

A notice of appeal filed more than thirty days after denial of a motion for new trial is untimely, and the appeal must be dismissed if no extension was requested.

Baker v. State · filed 1990-04-19(a)

Examination of the record indicates that the instant appeal was filed more than the statutorily permissible thirty days after the denial of the motion for new trial. OCGA § 5-6-38 (a). Appellant filed no request for an extension of time. OCGA § 5-6-39. This court therefore has no jurisdiction over the appeal, and it must be dismissed.

Section 5-6-38(a) extends the time to file a notice of appeal after a motion for new trial even when the movant has not filed a trial transcript with the motion.

Moore v. Sinclair · filed 1990-07-13(a)

Although OCGA § 5-5-40 (c) gives trial courts discretion to delay consideration of such motions when the transcript is necessary to decide the motion, the trial court can decide the motion without a transcript. Therefore, we do not find that Moore’s motion for new trial was inherently insufficient to secure the extension of time in which to file her notice of appeal. OCGA § 5-6-38 (a).

A notice of appeal filed within thirty days of sentence is timely; if a timely motion for new trial is pending, the notice ripens when that motion is denied.

O'KELLY v. State · filed 1990-09-12(a)

Since each was filed within thirty days of the sentence, both were timely. OCGA §§ 5-6-38 (a) and 5-5-40. The motion for new trial made the notice of appeal premature, but the latter ripened when the denial of the motion was entered.

Section 5-6-38(a) requires a notice of appeal within 30 days of an appealable judgment unless the time is extended; a motion for new trial can extend that time.

Wright v. Rhodes · filed 1990-11-29(a)

To confer jurisdiction of an appeal on this court, a notice of appeal must be filed within 30 days of an appealable judgment, unless an extension is granted. OCGA §§ 5-6-38 (a); 5-6-39. A motion for new trial will extend the time for filing a notice of appeal.

Absent a motion for new trial or an extension, a notice of appeal filed more than 30 days after judgment is untimely and leaves the appellate court without jurisdiction.

Westbrook v. State · filed 1991-06-27(a)

Examination of the record fails to reflect that defendant filed a motion for new trial. The record indicates that the instant appeal was filed more than 30 days after the trial court’s judgment was filed. See OCGA § 5-6-38 (a). The record before this Court fails to disclose any request for an extension of time. See OCGA § 5-6-39. Consequently, this Court has no jurisdiction over the appeal and it must be and is hereby dismissed.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable judgment; a timely motion for new trial can extend that period.

Watson v. State · filed 1992-02-03(a)

Within 30 days thereafter, neither a motion for new trial nor a notice of appeal was filed. ... “A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of. . . .” OCGA § 5-6-38 (a). ... This court has no jurisdiction to consider the merits of the issues raised, and the appeal is accordingly dismissed.

A notice of appeal must be filed within 30 days after an order finally disposes of a motion for new trial.

Gibson v. State · filed 1993-02-24(a)

“A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” OCGA § 5-6-38 (a). ... In the absence of a timely filed notice of appeal, or the grant of an out-of-time appeal, this court is without jurisdiction to consider the merits of the case, and the appeal must be dismissed.

A motion attacking the judgment rather than the determination of facts is not a valid motion for new trial and does not extend the time to file a notice of appeal under § 5-6-38(a).

BANK SOUTH MORTGAGE, INC. v. Starr · filed 1993-03-18(a)

Therefore, this motion was not a valid motion for new trial within the meaning of OCGA § 5-6-38 (a), and did not entitle Bank South to the automatic stay in filing its notice of appeal.

Section 5-6-38(a) imposes a jurisdictional 30-day limit for filing a notice of appeal; an appellant cannot bypass it by appealing the denial of an extraordinary motion for new trial that raises issues available for a timely motion.

Bohannon v. State · filed 1992-03-13(a)

To hold, as the dissent suggests, would penalize neither civil nor criminal appellants for their own lack of diligence in pursuing their appellate rights and would effectively repeal the jurisdictional 30-day limitation established by OCGA § 5-6-38 (a).

An untimely postjudgment motion does not toll the time for filing a notice of appeal under § 5-6-38.

Jarrard v. Copeland · filed 1992-07-14

Because the 30th day after February 19, 1991 was March 21, 1991, Jarrard’s motion was untimely and did not toll the time for filing the notice of appeal under OCGA § 5-6-38.

A notice of appeal filed within 30 days after denial of a proper motion for new trial is timely; a motion challenging the factfinder’s determination of substantive facts qualifies.

Goodman v. Lake Buckhorn Estates Homeowners Ass'n, Inc. · filed 1997-02-20(a)

Pursuant to OCGA § 5-6-38 (a), Goodman filed his notice of appeal within 30 days after entry of the trial court’s order denying his motion for new trial. ... We conclude that Goodman’s motion challenged the determination of substantive facts by the factfinder and thus constituted a proper motion for new trial.

Section 5-6-38(a) starts the 30-day appeal period when a motion for new trial is denied or dismissed for failure to provide a transcript.

Evans v. State · filed 1998-02-02(a)

This does not, however, preclude our consideration of the merits of the appeal, since we have previously held that dismissal or denial of the motion for new trial due to failure to provide the transcript is, for purposes of OCGA § 5-6-38 (a), an order “finally disposing” of the motion, triggering the 30 days for filing of the appeal here.

Section 5-6-38(a) extends the time to file a notice of appeal for a motion for new trial, and the motion’s substance rather than its title determines whether the extension applies.

Welborn v. State · filed 1998-06-10(a)

The matters addressed in the motion here, however, were properly the subject for a motion for new trial, which also will extend the filing time. OCGA § 5-6-38 (a). ... The trial court correctly determined, and we agree, that the substance of the motion and not its nomenclature controls how the motion is to be viewed, making the appeal timely.

Section 5-6-38(a) requires a notice of appeal within 30 days after an order disposing of a motion for new trial; an untimely notice requires dismissal for lack of jurisdiction.

Hubbard v. State · filed 1993-05-25(a)

Inasmuch as the defendant did not file his notice of appeal within the 30-day time period as provided in OCGA § 5-6-38 (a), this appeal must be dismissed for lack of jurisdiction.

Vacating an order denying a motion for new trial can leave a later appeal timely even though the original denial made the case ripe for appeal.

Animashaun v. State · filed 1995-01-19

Although the case became ripe for appeal when the trial court denied the motion for new trial (see OCGA § 5-6-38), this appeal is timely because the trial court vacated its order denying the motion for new trial.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of judgment or the order finally disposing of a motion for new trial; an untimely notice subjects the appeal to dismissal.

Rowland v. State · filed 1995-01-24(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of the judgment complained of, or within 30 days after the entry of the order finally disposing of a motion for new trial. The failure to file timely a notice of appeal subjects the appeals at bar to dismissal.

Section 5-6-38(a) governs whether an appeal following a motion for new trial is timely.

Tranakos v. Miller · filed 1996-06-14(a)

Also, we deny Miller’s motion to dismiss appeal, having found Tranakos’ appeal of this case was timely under OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment, unless a specified postjudgment motion changes the deadline.

Carter v. Fayette County · filed 1997-08-07(a)

But the March 27, 1997 notice of appeal from an order dated February 3, 1997, is not timely under OCGA § 5-6-38 (a).

A motion for new trial after an out-of-time appeal is granted extends the time for filing a notice of appeal.

Clay v. State · filed 1998-04-16(a)

He had an opportunity to assert other claims of ineffective assistance by motion for new trial after his appeal motions were granted, which post-conviction motion would have extended the time for filing the notice of appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order finally disposing of a motion for new trial.

Veasley v. State · filed 2000-10-02(a)

In such a case, OCGA § 5-6-38(a) requires that a notice of appeal be filed within 30 days after the entry of the order finally disposing of the motion for new trial.

Section 5-6-38(a) starts the 30-day period for filing a notice of appeal when a timely motion for new trial is dismissed.

Johnson v. State · filed 2000-10-03(a)

“[T]he . . . dismissal of the motion for new trial. . . is considered a disposition of the motion pursuant to OCGA § 5-6-38 (a), so as to commence the running of the 30-day period for filing an appeal.” ... Johnson filed a notice of appeal within 30 days after the dismissal of the motion for new trial; therefore, the appeal is properly before us and will be considered on its merits.

A notice of appeal is timely when filed within the statutory period measured from the effective date of a nunc pro tunc order denying a motion for new trial.

Coleman v. Grimes · filed 2001-07-31(a)

Thus, Coleman’s notice of appeal, dated January 29, 2001, fell within the statutory period for timely filing from the denial of his motion for new trial pursuant to OCGA § 5-6-38 (a).

An untimely motion for new trial does not toll the 30-day deadline to file a notice of appeal from the judgment and sentence.

Keller v. State · filed 2001-08-06(a)

Although Keller filed his notice of appeal within 30 days of the denial of his motion for new trial, Keller’s void motion for new trial did not toll the 30-day limit within which he was required to file a notice of appeal from the underlying judgment and sentence.

Section 5-6-38(a) requires a trial court order disposing of a motion for new trial to extend the notice-of-appeal deadline beyond 30 days after judgment; voluntary withdrawal alone does not suffice.

Heard v. State · filed 2001-09-17(a)

We now hold that OCGA § 5-6-38 requires a trial court order granting, denying, or otherwise finally disposing of a party’s motion for new trial in order to extend the time for filing a notice of appeal more than 30 days after the entry of judgment. A party’s voluntary withdrawal of its motion for new trial, standing alone, is not the statutorily-required court order finally disposing of the motion for new trial.

Section 5-6-38(a) extends the time to file a notice of appeal when a timely motion for new trial is disposed of by court order; withdrawing the motion alone does not extend that time.

Simmons v. State · filed 2003-04-29(a)

A timely-filed motion for new trial extends the time within which one may file a timely notice of appeal, so long as the trial court enters an order disposing of the motion for new trial. OCGA § 5-6-38 (a). A defendant’s withdrawal of his motion for new trial, without more, does not extend the time within which a timely notice of appeal may be filed and, if a notice of appeal is not filed within 30 days of the judgment of conviction, results in the loss of the right to a direct appeal.

A timely filed motion for new trial dismissed as void for failure to serve a rule nisi tolls the notice-of-appeal period; the dismissal starts the 30-day filing period.

Craig v. Holsey · filed 2003-11-25(a)

It appears, however, that in other cases, including failure to serve a rule nisi, a timely filed motion for new trial that is dismissed as void will toll the period for filing a notice of appeal. ... In these cases, an order dismissing the motion for new trial is considered a disposition of the motion pursuant to OCGA § 5-6-38(a), and it commences the running of the 30-day period for filing an appeal.

An untimely motion for new trial does not toll the time to file a notice of appeal.

Peters v. State · filed 1999-04-12(a)

In the case sub judice, defendant Peters’ purported motion for new trial was not filed within 30 days as required by the Appellate Practice Act (Ga. L. 1965, pp. 18, 30; Code Ann. § 70-301[, now OCGA § 5-5-40 (a)]), was thus void and of no effect, and therefore did not toll the time for filing the notice of appeal under the Appellate Practice Act (Ga. L. 1965, pp. 18, 21; Code Ann. § 6-803 [, now OCGA § 5-6-38 (a)]).

Section 5-6-38(a) gives a party 30 days to file a notice of appeal after the denial of a timely motion for new trial.

Glass v. State · filed 2001-02-02(a)

The 30-day time period for filing a notice of appeal or for obtaining an extension of time ended on June 1, 1999.

Section 5-6-38(a) requires a notice of appeal within 30 days of judgment and sentence, or within 30 days of the order disposing of a specified postjudgment motion, for an appeal to qualify as a direct appeal.

Orr v. State · filed 2003-01-13(a)

While a defendant who pleads guilty is entitled to a direct appeal when “the question on appeal is one which may be resolved by facts appearing in the record,” (Smith v. State, 253 Ga. 169 (316 SE2d 757) (1984)), a direct appeal is one in which a notice of appeal is filed within 30 days of the entry of judgment and sentence, or within 30 days of the entry of the order disposing of a motion for new trial, motion in arrest of judgment, or a motion for judgment notwithstanding the verdict. OCGA § 5-6-38 (a).

Section 5-6-38(a) gives a party 30 days after an order finally disposing of a motion for new trial to file a notice of appeal.

Jackson v. State · filed 2003-04-11(a)

At the outset, we reject the state’s contention that Jackson failed to file a timely notice of appeal. Generally, the notice must be filed “within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.” ... The motion was denied on July 1, 2002, and a notice of appeal was timely filed on July 3, 2002.

A notice of appeal must be filed within 30 days after entry of the judgment or the order finally disposing of a motion for new trial.

Gulledge v. State · filed 2003-07-10(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of the judgment complained of, or within 30 days after the entry of the order finally disposing of a motion for new trial.

An untimely motion in arrest of judgment does not extend the time to file a notice of appeal from a conviction.

Smith v. State · filed 2003-09-11(a)

However, although a motion in arrest of judgment normally extends the time for filing a direct appeal from a conviction, such is not the case where the motion in arrest of judgment itself was untimely filed.

A notice of appeal is timely if filed within 30 days after denial of a motion for new trial.

Cook v. State · filed 2007-06-25(a)

Because Cook had not lost his opportunity to appeal his conviction at that time, see OCGA § 5-6-38 (a) (notice of appeal timely when filed within 30 days of denial of motion for new trial), the trial court did not err by denying Cook’s motion for out of time appeal.

Section 5-6-38 requires a trial court order disposing of a motion for new trial to extend the 30-day appeal deadline; voluntary withdrawal alone does not extend it.

Cooper v. Spotts · filed 2011-03-28

OCGA § 5-6-38 requires a trial court order granting, denying, or otherwise finally disposing of a party’s motion for new trial in order to extend the time for filing a notice of appeal more than 30 days after the entry of judgment. A party’s voluntary withdrawal of its motion for new trial, standing alone, is not the statutorily-required court order finally disposing of the motion for new trial. ... There is no order disposing of the motion in the record.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an order on a motion for new trial.

Davis v. State · filed 2006-03-27(a)

However, our review of the appeal establishes that although the trial court denied Davis’s amended motion for new trial in an order filed October 19, 2004, so that the notice of appeal to be timely had to be filed no later than November 18, 2004, see OCGA § 5-6-38 (a) (notice of appeal shall be filed within 30 days after entry of order on motion for new trial), Davis’s notice of appeal was not received and filed until November 22, 2004, four days late.

Section 5-6-38(a) gives a party 30 days from the filing of an order striking a motion for new trial to file a notice of appeal.

Hood v. State · filed 2006-11-09(a)

Under OCGA § 5-6-38 (a), Hood had 30 days from the date this order was filed in which to file a notice of appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable decision or judgment, unless a specified postjudgment motion has been filed.

Register v. Elliott · filed 2007-06-07(a)

OCGA § 5-6-38 (a) requires a notice of appeal to be filed within 30 days after entry ofthe appealable decision or judgment complained of, unless a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed.

A notice of appeal filed within 30 days of judgment is timely even if a motion for new trial is pending and later withdrawn without a court order.

Hann v. State · filed 2008-07-15(a)

The case before us is different, because Hann had filed a notice of appeal within 30 days of the judgment, and therefore we conclude that we have jurisdiction to consider the merits of his appeal.

Filing a motion in arrest of judgment extends the time to file a timely notice of appeal from the underlying judgment.

Cameron v. State · filed 2012-01-09(a)

The filing of a motion in arrest of judgment extends the time within which a timely notice of appeal from the underlying judgment may be filed.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed from.

McCorkle v. State · filed 2012-04-25(a)

A notice of appeal must be filed within 30 days of entry of the order on appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Touray v. Dabney · filed 2012-04-25(a)

To be timely, however, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, the notice of appeal was filed 36 days after entry of the trial court’s order granting summary judgment. We therefore lack jurisdiction to entertain the appeal, which is DISMISSED.

A notice of appeal must be filed within 30 days after entry of the order appealed to be timely.

Robinson v. State · filed 2012-04-26(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. See OCGA § 5-6-38 (a).

A notice of appeal must be filed within 30 days of entry of the order being appealed.

Spivey v. State · filed 2012-05-01(a)

A notice of appeal must be filed within 30 days of entry of the order on appeal.

The 30-day period for filing a notice of appeal begins when an appealable final judgment is entered, not when an earlier interlocutory order is entered.

SOTTER v. Stephens · filed 2012-05-07(a)

It is clear from the discussion above that the orders entered on May 22, 2008 and July 20, 2010 were not final judgments within the meaning of OCGA § 5-6-34 (a) (1), and thus Appellants were not required to appeal from the rulings within 30 days after entry in order to preserve their right to pursue appellate review. ... Finally, the notices of appeal from the June 7, 2011 order were filed by Appellants on June 24 and 30,2011, and thus were timely and proper.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealed order; an untimely notice leaves the appellate court without jurisdiction.

Freddie Brown v. State · filed 2012-05-09(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. ... Because Brown filed his notice of appeal 147 days after the trial court entered its order, the appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment being appealed.

Jackson v. State · filed 2012-05-10(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the judgment on appeal.

A notice of appeal must be filed within 30 days after entry of the appealable order.

Johnson v. State · filed 2012-05-11(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.

Jenkins v. State · filed 2012-05-22(a)

We lack jurisdiction. To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Jenkins did not file her notice of appeal until 44 days after entry of the judgment she seeks to appeal. Accordingly, her appeal is hereby DISMISSED as untimely.

A notice of appeal must be filed within 30 days after entry of the order being appealed.

Anderson v. State · filed 2012-05-30(a)

A notice of appeal must be filed within 30 days after entry of the order to be appealed. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Crawford v. State · filed 2012-05-30(a)

Crawford’s judgment of conviction and original sentence were entered on December 9, 2008. A notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Accordingly, we lack jurisdiction to consider any appeal of Crawford’s judgment of conviction and original sentence.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed from.

Bryant v. State · filed 2012-05-30(a)

To be timely, however, a notice of appeal must be filed within 30 days of entry of the order on appeal.

A notice of appeal must be filed within 30 days of the order being appealed; an appeal filed after that deadline is untimely.

In the Interest Of: D. B., a Child · filed 2012-05-30(a)

OCGA § 5-6-38 (a) requires that a notice of appeal must be filed within 30 days of the order sought to be appealed. ... Because D. B. filed his notice of appeal 33 days after entry of the commitment order, this appeal is untimely and is therefore DISMISSED for lack of jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.

McCauley v. Suntrust Mortgage Inc. · filed 2012-06-06(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of an appealable order.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.

Merelien v. Panel Delcham · filed 2012-06-07(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after the entry of an appealable judgment. Merilien’s notice of appeal, however, was filed 41 days after entry of the order in question.

A notice of appeal must be filed within 30 days after entry of the order being appealed.

Douglas Minor v. State · filed 2012-06-07(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the date of entry of the order sought to be appealed.

Section 5-6-38(a) requires a timely notice of appeal; an untimely post-trial motion does not extend the filing deadline.

Augusta v. Hera Lighting L. P. · filed 2012-06-15(a)

Accordingly, Augusta’s notice of appeal, filed 183 days after entry of the judgment, is untimely. See OCGA § 5-6-38 (a).

A notice of appeal must be filed within 30 days of entry of the appealed order; an untimely filing deprives the Court of Appeals of jurisdiction.

Collins v. State · filed 2012-06-15(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. ... Collins’s failure to file a timely notice of appeal deprives us of jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed from; an untimely notice leaves the appellate court without jurisdiction.

Tillis v. State · filed 2012-06-15(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed. Here, however, both notices of appeal were filed well after 30 days after entry of orders Tillis seeks to appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.

Weber v. State · filed 2012-06-22(a)

A notice of appeal must be filed within 30 days after the entry of an appealable judgment. OCGA § 5-6-38 (a).

A notice of appeal must be filed within 30 days after entry of an appealable judgment.

Herndon v. State · filed 2012-06-28(a)

A notice of appeal must be filed within 30 days after the entry of an appealable judgment.

Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order; an untimely notice does not confer appellate jurisdiction.

Major Fortson v. Render C. Freeman · filed 2012-06-29(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Fortson’s failure to file a timely notice of appeal deprives us of jurisdiction to consider this appeal.

A notice of appeal must be filed within 30 days of entry of the order being appealed.

Maddox v. State · filed 2012-07-03(a)

Maddox’s appeal from the order denying his motion to withdraw his plea is untimely. To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Stewart v. State · filed 2012-07-03(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). ... Stewart did not file his notice of appeal until 33 days after entry of the judgment he seeks to appeal. Accordingly, his appeal is hereby DISMISSED as untimely.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment being appealed.

Clement v. National City Mortgage · filed 2012-07-09(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the judgment on appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.

Premier Capital, LLC v. Willis · filed 2012-07-11(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed. Here, the plaintiff filed its notice of appeal 33 days after entry of the trial court’s order.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

Johnson v. State of Georgia · filed 2012-07-19(a)

A notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order.

McCullough v. State · filed 2012-07-20(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). McCullough did not file his notice of appeal until 36 days after entry of the order he seeks to appeal. Accordingly, this appeal is hereby DISMISSED as untimely.

A notice of appeal must be filed within 30 days after entry of the order being appealed.

Preston v. State · filed 2012-07-25(a)

A notice of appeal must be filed within 30 days after entry of the order to be appealed. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days of an appealable judgment.

Tramaine Miller v. City Views at Rosa Burney Park Gp, LLC · filed 2012-08-03(a)

A notice of appeal must be filed within 30 days of an appealable judgment.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.

Gregory v. State · filed 2012-08-08(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Gregory’s notice of appeal was not filed timely from any of the orders entered in the case. Therefore, this appeal is DISMISSED as untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; a late notice requires dismissal.

Milton Harshaw, Jr. v. State · filed 2012-08-09(a)

First, to be timely, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a). ... Because Harshaw filed his notice of appeal 33 days after the order was entered, his appeal is untimely and must be dismissed.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.

Gruner v. City of McDonough, Georgia · filed 2012-08-14(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of an appealable order. Gruner filed her notice of appeal 89 days after the trial court entered the order that she seeks to appeal. Thus, this appeal is untimely and is DISMISSED for lack of jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Jim Linzell Jackson, Sr. v. Lehrer McGovern Bovis, Inc. · filed 2012-08-15(a)

First, Jackson’s notices of appeal are untimely. A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).

A unilaterally withdrawn motion for new trial does not extend the time to file a notice of appeal unless the trial court enters an order resolving the motion.

Taylor v. State · filed 2013-01-09(a)

A unilaterally withdrawn motion for new trial, standing alone, does not toll the appeal time.

Section 5-6-38(a) requires a notice of appeal within 30 days; withdrawing a motion for new trial without a trial-court order does not extend that deadline.

Freeman v. State · filed 2013-02-22(a)

The trial court neither ruled on the motion nor granted Freeman permission to withdraw it. The time for filing his direct appeal, therefore, was not extended, and his notice of appeal was untimely because it was filed more than 30 days after his conviction.

A motion for new trial withdrawn without a court order does not extend the time to file a notice of appeal.

Timothy Lavon Duncan, Jr. v. State · filed 2013-04-16(a)

A unilaterally withdrawn motion for new trial, standing alone, does not toll the appeal time.

Section 5-6-38(a) does not extend the time to appeal when a motion for new trial is withdrawn without a court order disposing of it.

Keithian Tiller v. State · filed 2013-05-09(a)

In this case, Tiller voluntarily withdrew his motion for new trial. The trial court neither ruled on the motion nor granted him permission to withdraw it. The time for filing his direct appeal, therefore, was not extended, and his notice of appeal was untimely because it was filed more than 30 days after his conviction.

A motion that could extend the time to appeal must be filed within the 30-day appeal period.

In the Interest of A. M. · filed 2013-11-06(a)

And even motions that extend the time of appeal must be filed before the 30-day limit has passed, and in this case the parents filed their motion long after the time to appeal had passed.

A pending motion in arrest of judgment delays the ripening of a previously filed notice of appeal; if the motion is denied, the notice ripens.

Oladunni v. State · filed 2020-10-21(a)

Because Oladunni’s motion in arrest of judgment remains pending, we lack jurisdiction over his appeals. Oladunni’s “motion [in arrest of judgment] remains pending, the trial court has jurisdiction to rule on the merits of the motion, [Oladunni’s] notice[s] of appeal . . . [have] not ripened, and the attempted appeal in this [c]ourt must be dismissed.” Pounds v. State, __ Ga. __, __ (4) (846 SE2d 48) (2020) (addressing motion for new trial, which, like a motion in arrest of judgment, is a resetting post-judgment motion under OCGA § 5-6-38 (a)).

Section 5-6-38(a) tolls the time to file a notice of appeal for specified motions, which do not apply to a request for relief from a fingerprint collection order.

Herrera v. State · filed 2022-04-20(a)

We note that the motions that toll the time for filing a notice of appeal under OCGA § 5-6-38 (a) – “a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict” – are not applicable to the relief Herrera seeks with regard to collection of his fingerprints.

A notice of appeal must be filed within 30 days after entry of an appealable order or judgment.

Rutledge v. State · filed 2022-04-25(a)

A notice of appeal must be filed within 30 days after entry of an appealable order or judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721, 721 (482 SE2d 704) (1997). Rutledge’s notice of appeal is untimely, as it was filed 62 days after entry of the order he seeks to appeal. Accordingly, this appeal is hereby DISMISSED.

An appeal from an order denying a supersedeas bond must be initiated by filing a notice of appeal in the trial court within 30 days after entry of the order.

Bunde v. State · filed 2022-04-27(a)

Second, Bunde has identified no authority providing for an appeal from a trial court order denying a supersedeas bond outside of the prescribed appellate procedures, which must be initiated by filing a notice of appeal in the trial court within 30 days of entry of the order sought to be appealed.

A notice of appeal must be filed within 30 days after entry of the judgment or trial court order being appealed.

Belcher v. State · filed 2022-04-28(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a).

A notice of appeal must be filed within 30 days after entry of an appealable judgment.

Joe Neil Glenn, Jr. v. State · filed 2022-05-11(a)

But even if Glenn was entitled to a direct appeal from the denial of his extraordinary motion for new trial, his direct appeal is also untimely. A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Glenn’s notice of appeal was filed on February 24, 2022, 35 days after entry of the order sought to be appealed.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.

Johnson v. State · filed 2022-05-23(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Johnson’s notice of appeal was filed on March 23, 2022, 43 days after entry of the order sought to be appealed.

A notice of appeal must be filed within 30 days of entry of the order appealed; a notice filed after that deadline does not confer appellate jurisdiction.

Tomichealine West v. State · filed 2022-06-02(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. ... West filed his notice of appeal 35 days after entry of the trial court’s order dismissing his motion. Accordingly, this appeal is untimely and is hereby DISMISSED for lack of jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

THOMAS v. BARNES LAND AND INVESTMENTS, LLC · filed 2022-06-03(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317, 317 (1) (454 SE2d 458) (1995). Here, Thomas’s notice of appeal was filed nearly three years after the February 2019 order and nearly two years after the December 2019 order.

Section 5-6-38 (a) requires a notice of appeal from a summary judgment ruling within 30 days; an untimely notice cannot confer appellate jurisdiction.

Harmon v. Progressive Premier Insurance Company of Illinois · filed 2022-06-06(a)

In order to appeal the grant of summary judgment, Harmon was required to file her notice of appeal within 30 days of the summary judgment ruling. See OCGA § 5-6-38 (a). Because Harmon did not file her notice of appeal within 30 days of the trial court’s grant of summary judgment, that ruling cannot confer appellate jurisdiction upon us.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order being appealed; an untimely notice leaves the appellate court without jurisdiction.

Phillips v. State · filed 2022-06-09(a)

OCGA § 5-6-38 (a) requires a notice of appeal to be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Phillips’s notice of appeal was filed 41 days after entry of the trial court’s order denying his motion. Thus, we lack jurisdiction over this case.

A notice of appeal must be filed within 30 days after entry of the order being appealed.

Ward v. State · filed 2022-06-09(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Ward filed his notice of appeal 87 days after the December 20, 2021 order denying his motion for an out-of-time appeal. Thus, the notice is untimely as to that order.

Section 5-6-38 requires a notice of appeal to be filed within 30 days of the ruling being appealed.

Baez v. State · filed 2022-06-10

Second, even if Baez’s motion to dismiss had been appropriate, it was untimely inasmuch as no notice of appeal was filed within 30 days of the ruling on the motion to dismiss. See OCGA § 5-6-38.

When a motion for new trial has been filed, Section 5-6-38(a) requires the notice of appeal within 30 days after the order finally disposing of that motion.

Scott v. State · filed 2022-06-13(a)

Although Scott and the trial court appear to characterize Scott’s first appeal as an out-of-time appeal, it was a timely appeal from the trial court’s July 30, 2019, order finalizing its ruling on Scott’s motion for new trial. See OCGA § 5-6-38 (a) (“A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; but when a motion for new trial . . . has been filed, the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion”) (emphasis supplied).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.

Williams v. State · filed 2022-06-16(a)

Second, even if the denial of a motion for reconsideration was directly appealable, a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Williams, however, did not file this appeal until 37 days after entry of the trial court’s order, making this appeal untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order or judgment being appealed.

Rogers v. State · filed 2022-06-21(a)

A notice of appeal must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-38 (a). ... Rogers’s notice of appeal was untimely, as it was filed 41 days after entry of the order he seeks to appeal.

A notice of appeal must be filed within 30 days after entry of the trial court order being appealed.

Kennedy v. State · filed 2022-06-21(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a).

Section 5-6-38 (a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Tribble v. State · filed 2022-06-27(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable judgment; a motion for reconsideration does not extend that deadline.

JAMES v. WATERS EDGE CONSTRUCTION, LLC · filed 2022-06-27(a)

As a rule, “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . .” OCGA § 5-6-38 (a). James did not file a notice of appeal within 30 days after entry of the grant of summary judgment. Instead, she filed a motion for reconsideration. However, the motion did not extend the time to appeal from the underlying order, and the order resolving it is not subject to direct appeal.

A notice of appeal must be filed within 30 days of entry of the order being appealed.

Ali v. State · filed 2022-07-14(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed.

Section 5-6-38(a) requires a notice of appeal within 30 days after the appealable judgment, and a motion for reconsideration does not extend that deadline.

SIMON DINKINS, JR. v. EMORY HEALTHCARE, INC. · filed 2022-07-19(a)

As a rule, “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . .” OCGA § 5-6-38 (a). The Plaintiffs did not file a notice of appeal within 30 days after entry of the grant of summary judgment. Instead, they filed a motion for reconsideration. However, the motion did not extend the time to appeal from the underlying order, and the order resolving it is not subject to direct appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Williams v. State · filed 2022-07-19(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed.

A notice of appeal must be filed within 30 days after entry of the trial court order being appealed.

Wells v. State · filed 2022-07-25(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). ... Pretermitting whether we would otherwise have jurisdiction, Wells’ notice of appeal was filed 41 days after entry of the trial court’s order. Accordingly, this appeal is untimely and is hereby DISMISSED for lack of jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment.

Sanchez-Olivio v. State · filed 2022-07-27(a)

OCGA § 5-6-38 (a) provides that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of.”

A notice of appeal must be filed within 30 days after entry of the order appealed; filing it later leaves the appellate court without jurisdiction.

Gates v. State · filed 2022-07-27(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Because Gates filed the notice of appeal 32 days after entry of the trial court’s order, we lack jurisdiction.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Lauresia Woods v. State · filed 2022-08-01(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a).

A notice of appeal must be filed within 30 days of the judgment or order, and a motion for reconsideration does not extend that deadline.

RICHIE v. WILBURN · filed 2022-08-04(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). ... Although Richie filed a motion for reconsideration within 30 days of the trial court’s ruling, motions for reconsideration do not extend the time to appeal from the underlying decision, and the order resolving the motion is not itself a judgment subject to direct appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed; filing after that deadline leaves the appellate court without jurisdiction.

Gates v. State · filed 2022-08-08(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Because Gates filed the notice of appeal 32 days after entry of the trial court’s order, we lack jurisdiction.