Ga. Code Ann. § 5-6-38
Time for filing notice of appeal: the cases that interpreted this section
1,912 citing cases reviewed of 1,978 in the citation index: 1,649 interpreted the section (annotated below), 263 cited it only in passing. Cases filed after 2026-06-25 may not have been reviewed yet.
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Time for filing application
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Baptiste v. State · filed 2023-06-08(a)
First, a notice of appeal must be filed within 30 days of the entry of the order sought to be appealed.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Lewis v. State · filed 2023-06-20(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.
MCLEOD v. MCCARD · filed 2023-06-22(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the order being appealed; an untimely notice does not confer appellate jurisdiction.
WILLIAMS v. CHRISTY · filed 2023-07-06(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. ... Williams filed the notice of appeal 49 days after entry of the trial court’s order. Accordingly, this appeal is untimely and is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Russell v. Russell · filed 2023-07-10(a)
First, 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). Victoria Christian Russell’s notice of appeal is untimely, as it was filed 50 days after entry of the order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable decision; a motion for reconsideration does not toll that deadline.
CAREATHERS v. MONTGOMERY · filed 2023-07-12(a)
A notice of appeal must be filed within 30 days of the entry of the appealable decision. OCGA § 5-6-38 (a). ... Although Careathers filed the appeal within 30 days of the order denying the motion for reconsideration, the denial of such a motion is not a directly appealable judgment and the filing of such a motion does not toll the time for filing a direct appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
MICHAEL BROWN v. COLUMBUS POLICE DEPARTMENT · filed 2023-07-17(a)
Second, even if the December 1 order was a final order, a notice of appeal must be filed within 30 days of entry of the 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 upon an appellate court.” Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (punctuation omitted). Brown filed his notice of appeal on January 9, 2023, 39 days after the December 1, 2022 order, making this appeal untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Jacks Guy Chattuais v. State · filed 2023-07-17(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. 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 Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Here, the trial court denied the motion for new trial on January 24, 2023. Chattuais, however, did not file his notice of appeal until Friday, February 24, 2023, 31 days later. Because Chattuais’s notice of appeal is untimely, this appeal is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
DAVID BROWN v. WESTCO GENERAL CONTRACTING, LLC · filed 2023-07-28(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order appealed.
Asberry v. State · filed 2023-07-31(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Clark v. State · filed 2023-08-01(a)
A notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a). ... Because Clark’s notice of appeal was filed more than four years after his judgments of conviction were entered, it is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed.
ROBINSON v. GEORGIA DEPARTMENT OF CORRECTIONS · filed 2023-08-01(a)
Moreover, a notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Robinson filed his notice of appeal 91 days after the August 8, 2022 order denying his application to proceed in a civil action. Thus, the notice is untimely as to that order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Stump v. State · filed 2023-08-04(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). 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). Stump, however, did not file his appeal until June 26, 2023 — 33 days after entry of the trial court’s order. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order appealed; an untimely notice does not confer appellate jurisdiction.
Roger Smith, Jr. v. State of Georgia · filed 2023-08-04(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). “The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court.” Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (punctuation omitted). Smith filed his notice of appeal 48 days after entry of the order he sought to appeal. Thus, the notice is untimely, and this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the appealed order; filing after that deadline makes the appeal untimely.
French v. State · filed 2023-08-18(a)
A notice of appeal must be filed within 30 days of entry of the order being appealed. OCGA § 5-6-38 (a). ... Because French filed his notice of appeal 185 days after entry of the dismissal order, this appeal is untimely and is hereby DISMISSED.Read the full opinion on CourtListener →
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.
Anderson v. Fitness International, LLC · filed 2024-01-23(a)
A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). ... Because Anderson did not file a timely notice of appeal from the summary judgment order, we lack jurisdiction to consider this appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealed order.
Finney v. Georgia Department of Human Services, Ex Rel., Sire Finney · filed 2024-01-23(a)
Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order appealed; an untimely notice does not confer appellate jurisdiction.
Rigdon v. Smith · filed 2024-01-29(a)
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.” Rivers v. McCullers, 367 Ga. App. 565, 566 (2) (887 SE2d 411) (2023) (citation and punctuation omitted). The trial court’s order was entered on October 20, 2023, but Rigdon did not file her notice of appeal until 80 days later, on January 8, 2024. We therefore lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
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.
Rogers v. State · filed 2024-01-29(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). “Compliance with this statutory deadline for filing a notice of appeal is an ‘absolute requirement’ to confer jurisdiction on an appellate court.” Collier v. State, 307 Ga. 363, 371 (2) (834 SE2d 769) (2019) (citation omitted). Here, Rogers filed his notice of appeal 94 days after entry of the trial court’s order denying his motion. Accordingly, we are without jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order.
Tuday v. State · filed 2024-01-29(a)
A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of an appealable order or judgment, and a motion for reconsideration does not extend that deadline.
NAYANI v. HASSANALI · filed 2024-01-30(a)
Although Nayani filed a motion for reconsideration within 30 days of the March 2022 order, motions for reconsideration do not extend the time for filing an appeal from an underlying decision, and an order resolving the motion for reconsideration is not itself a directly appealable judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
BENEVENTO v. WINN-DIXIE RALEIGH, LLC · filed 2024-02-06(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of an appealable order or judgment.
Ragland v. State · filed 2024-02-09(a)
A notice of appeal must be filed within 30 days of entry of an appealable order or judgment. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Hamilton v. State · filed 2024-02-12(a)
Moreover, even if Hamilton was entitled to appeal directly from the trial court’s orders, his notice of appeal was untimely. 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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of an appealable order or judgment.
ANDREW W. BELL v. FULTON COUNTY · filed 2024-02-14(a)
A notice of appeal must be filed within 30 days of entry of an appealable order or judgment.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the order being appealed.
Sams v. Tilman Eugene "Tripp" Self, III · filed 2024-02-20(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a). ... Here, Sams filed his notice of appeal 34 days after the trial court entered its order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the judgment or order being appealed.
Thompson v. Weaver · filed 2024-02-20(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.
Knox v. State · filed 2024-02-21(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Johnson v. Ley · filed 2024-02-29(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealed order.
Adkins v. State · filed 2024-03-01(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. 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. Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Here, Adkins’s notice of appeal was filed more than two years after entry of the trial court’s order. Accordingly, this appeal is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Barron v. State · filed 2024-03-13(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Ellis v. State · filed 2024-03-19(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Smith v. State · filed 2024-03-19(a)
Moreover, even if Smith was entitled to appeal directly from the trial court’s order revoking his probation, his notice of appeal is untimely. 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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.
Purdy v. Slm Private Education Loan Trust 2013-B · filed 2024-03-26(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Here, Purdy’s notice of appeal was untimely, as it was filed 34 days after entry of the trial court’s order. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed; a late notice does not confer appellate jurisdiction.
Sierra Express, Inc. v. the Insurance Company of the State of Pennsylvania · filed 2024-04-01(a)
A notice of appeal must be filed within 30 days of entry of the judgment or order being appealed, OCGA § 5-6-38 (a), and the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court. ... Because the defendant’s initial notice of appeal was filed 32 days after entry of the order dismissing the counterclaim, it is untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.
Sanders v. State · filed 2024-04-09(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). 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). Sanders’s notice of appeal is untimely, as it was filed 116 days after entry of the trial court’s order. Given that we lack jurisdiction to consider this appeal, the State’s motion is GRANTED and the appeal is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Loden v. U.S.bank National Association · filed 2024-04-09(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... Here, Loden’s notice of appeal was filed 42 days after entry of the trial court’s order. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of an appealable order.
Miles v. Hardy · filed 2024-04-12(a)
A notice of appeal must be filed within 30 days of entry of an appealable order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
Harris v. Georgia Community Support & Solutions, Inc. · filed 2024-04-12(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Harris filed her notice of appeal 31 days after entry of the order she seeks to appeal. Consequently, this untimely appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
Gilmore v. in Re Estate of Denis Gale Tilton · filed 2024-04-15(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of an appealable order.
Diarra v. State · filed 2024-04-17(a)
Pretermitting the various substantive issues raised by this appeal, Diarra’s notice of appeal is untimely. A notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealed order; timely filing is required for appellate jurisdiction.
Murray v. State · filed 2024-04-17(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
WILLIAMS v. TEP RAGAN, LLC · filed 2024-04-18(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Williams’s affidavit, however, was filed 69 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38 (a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Lamb v. State · filed 2024-04-24(a)
To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order being appealed.
JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO WASHINGTON MUTUAL, N.A. v. WILLIAM E. WHITAKER, AS ADMINISTRATOR OF THE · filed 2024-04-29(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed from.
Younger v. State · filed 2024-05-01(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of an appealable order, and a motion for reconsideration does not extend that deadline.
RAMOS v. JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER TO CHASE HOME FINANCE, LLC · filed 2024-05-14(a)
A notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a). ... Here, Ramos filed her notice of appeal 77 days after the trial court’s order dismissing the action, and her subsequent request for reconsideration of that ruling did not extend the time for filing an appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order appealed from; an untimely notice does not confer appellate jurisdiction.
Chaparro v. State · filed 2024-05-21(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). ... Chaparro filed his notice of appeal 123 days after entry of the December 14 order denying his motion to vacate his sentence. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable decision or judgment being challenged.
DAVIS v. LAND-RON, INC. · filed 2024-05-22(a)
As a general rule, to obtain a direct appeal, “[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). Here, the notice of appeal was filed more than three years after the complained of orders were entered.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Kight v. State · filed 2024-05-28(a)
A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of an appealable order; a motion for reconsideration does not extend that deadline.
EDWARD SMART v. ARNOLD · filed 2024-05-29(a)
A notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a). ... Here, Smart filed his notice of appeal 59 days after the trial court’s order dismissing the action, and his subsequent request for reconsideration of that ruling did not extend the time for filing an appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed; a late notice does not confer appellate jurisdiction.
Westen v. Westen · filed 2024-05-31(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Drew’s notice of appeal is untimely, as he filed it more than five months after the order he seeks to appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.
ODOLPH WRIGHT v. DAVIS · filed 2024-06-06(a)
A notice of appeal must be filed within 30 days of entry of an appealable order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; dating the notice within that period does not make a later filing timely.
Allen v. State · filed 2024-06-07(a)
To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.
DORMAN v. LEGACY AT STONEY CREEK HOMEOWNERS ASSOCIATION, INC. · filed 2024-06-21(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). The Dormans’ notice of appeal was untimely filed 91 days after entry of the order they seek to appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Johnny Bird Serritt v. State · filed 2024-06-24(a)
A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38 (a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Moore v. Dekalb County Superior Court Judges · filed 2024-06-26(a)
Second, even if a direct appeal were proper in this case, this appeal is untimely. 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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Diarra v. State · filed 2024-06-27(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.
Darryl P. Butler v. Tabatha P. Butler · filed 2024-07-03(a)
First, 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). Darryl Butler’s notice of appeal is untimely, as it was filed 42 days after entry of the order on appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Wright v. State · filed 2024-07-03(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
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 does not confer appellate jurisdiction.
Robinson v. State · filed 2024-07-03(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). ... Pretermitting whether Robinson’s pro se notice of appeal was otherwise properly filed, because Robinson filed it more than two years after the trial court entered its order denying his motion for new trial, the notice of appeal is untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order appealed, and an untimely notice does not confer appellate jurisdiction.
Gravitt v. State · filed 2024-07-10(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon an appellate court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Gravitt’s notice of appeal was untimely, as it was filed 39 days after entry of the trial court’s modification order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order being appealed; a notice filed on day 31 is untimely.
Y. Whittington v. Cooper · filed 2024-07-15(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Whittington’s notice of appeal was untimely filed 31 days after entry of the order she seek to appeal. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order; an untimely filing does not confer appellate jurisdiction.
Motes v. State · filed 2024-07-18(a)
First, 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 appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Motes’s notice of appeal was untimely filed 40 days after entry of the order he seeks to appeal, thereby depriving us of jurisdiction over this appeal. See id.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Ussery v. State · filed 2024-07-24(a)
To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order being appealed.
Hajiani v. the Coca-Cola Company · filed 2024-07-26(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment.
MUNOZ v. FULTON COUNTY PATRICK LABAT · filed 2024-08-05(a)
A notice of appeal must be filed within 30 days of entry “of the appealable decision or judgment[.]” OCGA § 5-6-38 (a). ... The notice of appeal, filed more than two years after the trial court’s May 2021 order, is untimely as to that order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable judgment.
Chadrus Brown v. State · filed 2024-08-05(a)
A notice of appeal must be filed within 30 days of the entry of an appealable judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Moore v. State · filed 2024-08-08(a)
A notice of appeal must be filed within 30 days of 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 appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Moore’s notice of appeal, filed 36 days after entry of the order he seeks to appeal, was not timely. We therefore lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Diarra v. State · filed 2024-08-13(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the judgment or order being appealed.
HEADHUNTERS MOTOR CLUB, INC. v. YARBROUGH · filed 2024-08-30(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).Read the full opinion on CourtListener →
A notice of appeal filed more than 30 days after entry of the order being appealed is untimely and does not confer appellate jurisdiction.
In the Interest of Baby Girl N., a Child · filed 2024-09-04(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). 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). The Wallers’ notice of appeal was filed 37 days after entry of the trial court’s order and is thus untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order appealed; an untimely notice does not confer appellate jurisdiction.
Aaron v. State · filed 2024-09-06(a)
A notice of appeal must be filed within 30 days of the entry of the judgment or trial court order ought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Aaron’s notice of appeal was untimely filed 62 days after entry of the order he seeks to appeal, thereby depriving us of jurisdiction over this appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the order being appealed, and a motion for reconsideration does not extend that deadline.
Zephaniah v. Georgia Clinic, P.C. · filed 2024-09-11(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 motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right. ... Consequently, the trial court’s July 16 order is not appealable, and Zephaniah’s appeal — filed 60 days after the trial court’s June 7 order — is untimely as to that order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; a motion for reconsideration does not extend that deadline.
In THE INTEREST OF N. G., CHILDREN (MOTHER) · filed 2024-09-12(a)
Here, the mother did not file a notice of appeal within 30 days of the juvenile court’s July 15, 2022 dismissal order. Instead, she filed a motion for reconsideration and filed a notice of appeal within 30 days of the juvenile court’s denial of that motion. However, the motion did not extend the time to appeal from the underlying dismissal order, and the order resolving it is not subject to direct appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order appealed from; an untimely notice does not confer appellate jurisdiction.
Daniels v. State · filed 2024-09-16(a)
First, 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 appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Because Daniels’ notice of appeal was filed 35 days after entry of the trial court’s order, we lack jurisdiction over this appeal. See id.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the judgment or order being appealed.
Thompson v. State · filed 2024-09-16(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Thompson’s notice of appeal was filed 58 days after entry of the trial court’s order and is thus untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
Andrews v. State · filed 2024-09-20(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Andrews’s notice of appeal was not timely filed, we lack jurisdiction over this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Shealey v. F. Gates Peed · filed 2024-09-30(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). ... Shealey’s notice of appeal was filed 63 days after entry of the order he seeks to appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order appealed.
Rasheed v. State · filed 2024-10-02(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Rasheed’s notice of appeal was filed 32 days after entry of the trial court’s order and is thus untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order being appealed.
Grubbs v. Chen · filed 2024-10-02(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court order being appealed.
MZEKEWE v. SPIVEY · filed 2024-10-04(a)
A notice of appeal must be filed “within 30 days after entry” of the trial court order sought to be appealed. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Vickers v. Singleton · filed 2024-10-09(a)
Pretermitting whether Vickers was required to follow the discretionary appeal procedures, we lack jurisdiction because her notice of appeal is untimely. 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 appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Vickers’ notice of appeal was filed 74 days after entry of the order she seeks to appeal. Accordingly, the appeal is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.
Sylvester Smith v. State · filed 2024-10-16(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Because Smith’s notice of appeal was not timely filed, we lack jurisdiction over this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed; a notice filed later is untimely.
Gladmon v. State · filed 2024-10-24(a)
First, Gladmon’s appeal is untimely. 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. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Gladmon’s notice of appeal was filed 35 days after entry of the trial court’s order and is thus untimely.Read the full opinion on CourtListener →
Section 5-6-38 (a) requires a notice of appeal within 30 days after entry of the judgment or order being appealed; a late notice does not confer appellate jurisdiction.
Jackson v. Permanent General Assurance Corporation as Subrogee of W. Jean Story · filed 2024-10-29(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Because Jackson filed his notice of appeal 37 days after entry of the order on appeal, we lack jurisdiction over the appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
BRYANT v. CHRISTINE S. BARKER · filed 2024-10-30(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). ... Because Bryant filed his notice of appeal 139 days after entry of the order on appeal, we lack jurisdiction over the appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Buwee v. State · filed 2024-10-31(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). Here, however, Buwee filed his notice of appeal 40 days after entry of the trial court’s order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the judgment or order being appealed; filing on day 31 does not confer appellate jurisdiction.
McPherson v. State · filed 2024-10-31(a)
First, 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 appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Because McPherson’s notice of appeal was filed 31 days after entry of the trial court’s order, we lack jurisdiction over this appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
Antron T. Smith v. Odum · filed 2024-10-31(a)
First, Smith’s appeal is untimely. 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). Here, however, Smith filed his notice of appeal 355 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed.
Mahtani v. State · filed 2024-11-05(a)
To the extent that the May 2024 denial of Mahtani’s “Motion for Financial Propriety” may not be subject to the discretionary review procedures, his August 2024 notice of appeal was untimely filed more than 30 days after entry of the May 2024 order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; filing on day 31 leaves the appellate court without jurisdiction.
McDowell v. McDowell · filed 2024-11-20(a)
A notice of appeal must be filed within 30 days after the entry of an appealable order. ... Because McDowell filed her notice of appeal 31 days after the order she seeks to appeal, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
An untimely motion for new trial does not extend the time to file a notice of appeal.
Phelps v. State · filed 2024-11-27(a)
However, an untimely motion for new trial does not toll the time for filing a notice of appeal under OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order; an untimely notice does not confer appellate jurisdiction.
Stringer v. State · filed 2024-12-02(a)
First, 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 appellate jurisdiction on this Court. See Kelly v. State, 311 Ga. 827, 828 (860 SE2d 740) (2021). Because Stringer’s notice of appeal was filed 67 days after entry of the trial court’s order, we lack jurisdiction over this appeal. See id.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment; an untimely motion for new trial does not extend that deadline.
Santos v. State · filed 2024-12-02(a)
Generally, a notice of appeal must be filed “within 30 days after entry of the appealable decision or judgment complained of.” OCGA § 5-6-38 (a). ... As such, Santos’s motion for new trial did not extend the time for him to file his notice of appeal. See Pounds, 309 Ga. at 378 n.4. Accordingly, Santos’s notice of appeal, filed 141 days after the judgment of conviction was entered, is untimely and is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Williams v. Harris · filed 2024-12-04(a)
Here, Williams’s notice of appeal was untimely filed 31 days after entry of the order he seeks to appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Syone v. State · filed 2024-12-04(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). ... Here, Syone’s notice of appeal was filed more than five years after entry of the trial court’s order denying the motion for new trial and is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment being appealed; a late notice leaves the appellate court without jurisdiction.
Amerson v. State · filed 2024-12-04(a)
And under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the judgment being appealed. ... Because Amerson did not file his notice of appeal until 92 days after the court entered its order, his appeal of that ruling is untimely, and we lack jurisdiction to consider it.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.
Phillips v. State · filed 2024-12-06(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). Here, however, Phillips filed his notice of appeal 48 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed; a notice filed on day 31 is untimely.
Dowdy v. State · filed 2024-12-16(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a). ... Because Dowdy filed his notice of appeal 31 days after the trial court entered its order denying his motion for new trial, the notice of appeal is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.
Benavides v. State · filed 2024-12-20(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order; a motion for reconsideration does not extend that deadline.
Walker v. State · filed 2024-12-26(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). ... Here, Walker’s notice of appeal was untimely filed 34 days after entry of the October 3 order affirming her conviction. Her motion for reconsideration did not extend the time to appeal from that order, and the November 4 denial of her motion for reconsideration is not itself appealable.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an untimely notice does not confer appellate jurisdiction.
Cain v. Fontenot · filed 2024-12-27(a)
A notice of appeal must be filed within 30 days after the entry of an appealable order. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.
Anderson v. Thomas · filed 2025-01-03(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). We lack jurisdiction to review the July 2 summary judgment order because Anderson untimely filed her notice of appeal 83 days after entry of that order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order being appealed.
Booker v. Verescence North America, Inc. · filed 2025-01-06(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... Here, Booker’s notice of appeal was untimely filed 54 days after entry of the September 25 order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Younger v. State · filed 2025-01-07(a)
A notice of appeal must be filed within 30 days after 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. Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Here, Younger filed his notice of appeal 40 days after entry of the order he seeks to appeal. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order, and a motion for reconsideration does not extend that deadline.
DOUGLAS BALL A/K/A HOWARD BALL v. AMERICAN EXPRESS NATIONAL BANK · filed 2025-01-09(a)
Ordinarily, 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). ... To the extent that either of Ball’s motions may be construed as a motion for reconsideration, such a motion does not extend the time for filing an appellate challenge to an appealable order, and the denial of such a motion is not appealable in its own right.Read the full opinion on CourtListener →
Section 5-6-38(a) gives a party 30 days to appeal from a new ruling.
Perdue v. State · filed 2025-01-13(a)
Perdue shall have 30 days to appeal from the new ruling. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the judgment or order being appealed.
Thompson v. Gas Express, LLC · filed 2025-01-16(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Cobb v. State · filed 2025-01-23(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). Here, however, Cobb filed his notice of appeal 60 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the judgment or order being appealed.
ELLIS v. OLES · filed 2025-01-27(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Tonie Baker v. State · filed 2025-02-03(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. 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 Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Here, the trial court denied the motion for new trial on August 16, 2024. Baker, however, did not file his notice of appeal until September 23, 2024, 38 days later. Because Baker’s notice of appeal is untimely, this appeal is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) generally requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Westlake Services, LLC v. Ward · filed 2025-02-04(a)
As a general rule, a notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38 (a) requires a notice of appeal to be filed within 30 days of an appealable order; a notice filed on day 31 is untimely.
CAROLYN CORDELIA MILES v. RENEE HARDY, CAVEATOR · filed 2025-02-04(a)
Further, as we also explained previously, a notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a). ... Here, Miles filed her notice of appeal 31 days after entry of the August 2024 order she wants to appeal. Thus, even if the case were now final, Miles’s notice of appeal is untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the judgment or order; a motion for reconsideration does not extend that deadline.
Dunn v. State · filed 2025-06-18(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... But the filing of the motion for reconsideration did not extend the time for Dunn to appeal the order denying his motion to withdraw his guilty plea, and the order denying reconsideration is not appealable in its own right.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
ALKAMEL v. PIEDMONT HOSPITAL, INC. · filed 2025-06-20(a)
To the extent she seeks to appeal the March 12 dismissal order, the appeal is untimely. 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 the notice of appeal is an absolute requirement to confer appellate jurisdiction upon this Court. See Harned v. Piedmont Healthcare Foundation, 356 Ga. App. 870, 872 (849 SE2d 726) (2020). In this case, Alkamel filed her notice of appeal on April 21, which was 40 days after entry of the dismissal order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Houston v. Campbell · filed 2025-07-01(a)
Second, even if a direct appeal were proper here, a notice of appeal must be filed within 30 days after entry of the trial court order sought to be appealed. ... Houston’s notice of appeal was untimely filed 35 days after entry of the order he seeks to appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Pitts v. G. Grant Brantley · filed 2025-07-08(a)
A notice of appeal must be filed within 30 days after entry of the trial court order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order appealed; an untimely notice does not confer appellate jurisdiction.
Wright v. State of Georgia · filed 2025-07-14(a)
A notice of appeal must be filed within 30 days after entry of the 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 appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Wright’s notice of appeal was untimely filed 33 days after entry of the order he seeks to appeal. Consequently, this untimely appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.
ROYALTY AMERSON, THROUGH HER PARENT AND NATURAL GUARDIAN, JAYLEN AMERSON v. DEREK MASON · filed 2025-07-15(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Because the plaintiff’s notice of appeal was filed 91 days after entry of the trial court’s order, the appeal is untimely, and we lack jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order appealed from; a motion for reconsideration does not extend that deadline.
Darku v. Narh-Martey · filed 2026-01-22(a)
A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... a motion for reconsideration does not extend the time to file an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.
Jefferson Jet Watson v. State · filed 2026-01-23(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). ... Watson’s notice of appeal was untimely, as it was filed 50 days after entry of the trial court’s October 2025 orders.Read the full opinion on CourtListener →
Section 5-6-38(a)’s time to file a notice of appeal is not extended by a motion for reconsideration; a notice filed 75 days after the order is untimely.
Arehart v. Arehart · filed 2026-02-05(a)
Consequently, the trial court’s order denying Eleonor’s motion for reconsideration — in which the court made no new substantive custody rulings — is not appealable, and her December 16 notice of appeal — filed 75 days after the modification order — is untimely as to that order.Read the full opinion on CourtListener →
An application must be filed within 30 days after entry of the order being appealed; an untimely application does not confer appellate jurisdiction.
Smith v. State · filed 2015-01-13(d)
To be timely, an application must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (d). The proper and timely filing of a notice of appeal or application is an absolute requirement to confer jurisdiction on this Court. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Because Smith failed to file his application within 30 days after entry of the order he seeks to challenge, this Court is without jurisdiction to consider this untimely application.Read the full opinion on CourtListener →
Withdrawn notices and reconsideration
A motion for reconsideration does not toll the 30-day period for filing a notice of appeal, and withdrawing a timely notice leaves no appeal pending when that period expires.
Irving A. Harned, Jr. v. Piedmont Healthcare Foundation, Inc. · filed 2020-10-21(a)
It is well-settled that motions for reconsideration do not toll the time period for filing a notice of appeal. ... The effect of Harned’s withdrawal of his notice of appeal, then, is that there was no notice of appeal pending when the 30-day window to appeal the trial court’s order expired on Tuesday, May 28, 2019.Read the full opinion on CourtListener →
Void sentence challenges and timely notices
Section 5-6-38(a) requires a timely notice of appeal before an appellate court may exercise jurisdiction, even when the appeal challenges a void sentence.
Garcia-Soto v. State · filed 2022-04-12(a)
Although a challenge to a void sentence may be raised at any time, Rooney v. State, 287 Ga. 1, 2 (2) (690 SE2d 804) (2010), and this Court may even remand for correction of such a sentence sua sponte, Owens v. State, 353 Ga. App. 848, 854 (2) (d) (840 SE2d 70) (2020), a timely filed notice of appeal is an absolute prerequisite to the exercise of this Court’s jurisdiction over any appeal, regardless of subject matter. Hester v. State, 242 Ga. 173, 175 (249 SE2d 547) (1978); In re Estate of Dasher, 259 Ga. App. 201, 204 (576 SE2d 559) (2002); OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Extension of time to file notice of appeal
Section 5-6-38(a) extends the time to file a notice of appeal for a proper motion for new trial, but a motion challenging summary judgment does not extend that time.
Hollifield v. Jpmorgan Chase Bank, N. A. · filed 2026-02-05(a)
A properly filed motion for a new trial extends the time for filing a notice of appeal. See OCGA § 5-6-38(a). But when 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 an appeal.Read the full opinion on CourtListener →
A voluntary dismissal of remaining counterclaims does not extend the time to file a notice of appeal from an earlier trial court order.
NEELEY v. PARSELL · filed 2026-03-10(a)
Appellees’ voluntary dismissal of their remaining counterclaims was not a judgment, ruling, or order of the trial court that could itself be appealed, and Appellees’ filing of the voluntary dismissal did not extend the time to file a notice of appeal from the trial court’s February 28, 2024 order.Read the full opinion on CourtListener →
A void or ineffective motion for new trial does not toll the time to file a notice of appeal under § 5-6-38(a).
Piechoczek v. Jones · filed 2026-03-31(a)
Although a timely filed motion for new trial extends the time in which to seek appellate review, a void or ineffective motion for new trial does not toll the time for filing a notice of appeal under OCGA § 5-6-38(a); Wright v. Rhodes, 198 Ga. App. 269 (401 SE2d 35) (1990).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the order being appealed; a motion for reconsideration does not extend that deadline.
WILLIAMS v. SOUTHERN GENERAL INSURANCE COMPANY · filed 2026-05-07(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 they filed a motion for reconsideration in the interim, the filing of such a motion does not extend the time in which to file a notice of appeal, and the denial of a motion for reconsideration is not appealable in its own right.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the order being challenged; a motion for reconsideration does not extend that deadline.
Tayo Reed v. Deberry · filed 2026-05-19(a)
To do so, Reed was required to file a notice of appeal within 30 days of that date. See OCGA § 5-6-38(a). Reed did not do so, and the motions filed by Reed after the dismissal of her mandamus petition do not affect her deadline for filing.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Warrington Enterprises, LLC v. Lopez · filed 2026-06-04(a)
A notice of appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-38(a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order, measured from entry rather than service.
SHERWOOD v. CAIN · filed 2026-06-04(a)
Appellant’s notice of appeal references the date appellant was served with the trial court’s order, but the notice of appeal must be filed within 30 days of the entry of the judgment a party seeks to appeal, not the date it was served.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the order appealed from.
Luechtefeld v. State · filed 2026-06-04(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38 (a). ... Here, Luechtefeld filed his notice of appeal 34 days after the trial court order denying his motion for new trial.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order appealed from.
Brown v. Velocity Investments, LLC, Assignee of Upstart Network, Inc. · filed 2026-06-08(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). ... Here, however, Brown did not file his notice of appeal until 90 days after entry of the trial court’s order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
King v. State · filed 2026-06-11(a)
A notice of appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-38(a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the judgment or order being appealed.
Shawn Davert Lockhart, Jr v. State · filed 2026-06-11(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Because Lockhart’s notice of appeal was filed 84 days after entry of the trial court’s order, it is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of entry of the order appealed from; an appeal filed after that deadline is untimely.
Dobbs v. State · filed 2026-06-17(a)
A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. See OCGA § 5-6-38(a). ... Dobbs filed his notice of appeal 57 days after entry of the order he wishes to appeal. Therefore, the appeal is untimely and is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed.
Conner v. Lakeside Preserve Homeowner Association, Inc. · filed 2026-06-18(a)
A notice of appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-38(a). ... Here, the appeal is untimely as to the September 11, 2025 final order granting summary judgment, as it was filed 152 days after entry of the order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.
James L. Works v. State · filed 2026-06-22(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), and the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal challenging a dismissal order to be filed within 30 days after entry of that order.
BLAKE III v. VILLAGE CAPITAL AND INVESTMENT, LLC · filed 2026-06-23(a)
Based on the foregoing, the “underlying subject matter” of this appeal is a challenge to the trial court’s order dismissing the complaint; to pursue such a challenge, Blake was required to file a notice of appeal within 30 days of the entry of that order, which he did not do.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.
MADISON v. SELECT PORTFOLIO SERVICING, INC. · filed 2026-06-25(a)
A notice of appeal must be filed within 30 days of entry of the order to be appealed. OCGA § 5-6-38(a).Read the full opinion on CourtListener →
Section 5-6-38(a) governs whether a direct appeal from a trial court order is timely.
James Earl Roberts, Jr. v. State · filed 2018-05-02(a)
Second, to the extent that Roberts was entitled to file a direct appeal from the trial court’s order, a direct appeal is also untimely. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order being appealed.
Shepard v. Capes · filed 2025-03-10(a)
Here, by contrast, Shepard did not appeal the underlying judgment in favor of Capes, and the time to do so has long since expired. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the judgment or order sought to be appealed).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal from an order disposing of a motion for an out-of-time appeal to be filed within 30 days after entry of the order.
Moore v. State · filed 2018-05-21(a)
As such, the statutes governing the pursuit of appeals apply, including ... and the requirement of OCGA § 5-6-38 (a) ... that a notice of appeal be filed within 30 days of the entry of judgment.Read the full opinion on CourtListener →
A notice of appeal from a final judgment must be filed within 30 days of the judgment.
Bradshaw v. Plantation Condominium Associations, Inc. · filed 2016-08-10(a)
To the extent Bradford had a right to appeal, he was required to file the notice of appeal within 30 ... days of the April 13, 2015 order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Tolling the time for appeal
A timely pleading that functions as a motion for new trial tolls the time for appeal, regardless of its caption.
Reid v. Reid · filed 1991-10-16
Her “petition” was timely filed, while the matter was still in the breast of the court, and despite that pleading’s caption, the superior court correctly determined that appellee sought, by filing the pleading in the probate court, a re-examination of the finding of fact that Pauline Reid was the widow of the deceased, which tolled the time for appeal to superior court.Read the full opinion on CourtListener →
A motion for new trial seeking reconsideration of legal rulings does not extend the time to apply for discretionary appeal under § 5-6-38 (a).
Jerome v. Nephron Corporation · filed 2022-03-11(a)
In sum, because the record shows that Jerome sought the superior court’s reconsideration of legal rulings, it was not a valid motion for a new trial and did not extend the time in which to file her application for discretionary review.Read the full opinion on CourtListener →
Time to appeal a first-offender disposition
Section 5-6-38 gives a defendant thirty days to appeal a first-offender disposition, with the period beginning when first-offender status is imposed.
Hagins v. United States · filed 2001-09-28
According to Georgia law, he had thirty days to appeal that sentence. See O.C.G.A. § 5-6-38 (“A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of”). The Georgia courts have held that classification as a first offender starts the clock for purposes of filing an appeal.Read the full opinion on CourtListener →
Notes 1501–1649 of 1,649, oldest cases first.
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