Ga. Code Ann. § 5-6-38

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

Rutledge v. State · filed 2022-08-08(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 34 days after entry of the order he seeks to appeal.

Subsection (a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.

Howard v. State · filed 2022-08-10(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 to be filed within 30 days after entry of the judgment being appealed.

Khuri v. Carrington Place Neighborhood Association, Inc. · filed 2022-08-15(a)

To the extent that Khuri’s motion was one for reconsideration, his appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment sought to be appealed. OCGA § 5-6-38 (a).

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

Freeman v. State · filed 2022-08-26(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). Freeman’s notice of appeal is untimely, as it was filed 35 days after entry of the order he seeks to appeal. Accordingly, this appeal is hereby DISMISSED.

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

Taylor v. State · filed 2022-08-30(a)

A notice of appeal must be filed within 30 days of entry of the order or judgment sought to be appealed. OCGA § 5-6-38 (a). ... However, the appeal is untimely as to this order, as it was filed more than a year after the order’s entry.

A notice of appeal must be filed within 30 days after entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.

Latimore v. State · filed 2022-08-31(a)

To the extent Latimore seeks appellate review of the trial court’s order denying his motion for new trial, we lack jurisdiction because the notice of appeal was filed more than four years after the trial court’s order was entered. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days after 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 or judgment being appealed.

Vidal v. State · filed 2022-09-06(a)

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

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

Baptiste v. State · filed 2022-09-14(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).

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

Giles v. State · filed 2022-09-14(a)

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

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

Waller v. State · filed 2022-09-19(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 neither notice of appeal was filed within 30 days of the trial court’s order, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Hashemi v. Humana Insurance Company · filed 2022-09-23(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).

Section 5-6-38(a) requires a notice of appeal within 30 days of the order being appealed; an untimely notice deprives the court of jurisdiction.

Carter v. State · filed 2022-09-23(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). “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317 (1) (454 SE2d 458) (1995). Because Carter’s notice of appeal was filed 120 days after the order dismissing his motion, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Thomas v. Georgia District Council of Assemblies of God, Inc. · filed 2022-09-26(a)

Thomas’s notice of appeal is untimely. A notice of appeal must be filed within 30 days after the entry of an appealable judgment. OCGA § 5-6-38 (a). The orders Thomas seeks to appeal were entered on May 25, 2022, but he did not file his notice of appeal until July 6, 2022, 42 days later.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after the trial court’s order.

FREDERICK C. LOW v. CAROL C. SWIFT · filed 2022-09-26(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). ... However, plaintiffs filed their notice of appeal 35 days after the trial court’s order was entered.

A notice of appeal must be filed within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.

Earth Berry, LLC v. Sunbelt Rentals, Inc. · filed 2022-09-29(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). ... Because the appellant filed its notice of appeal 33 days after entry of the order it wishes to appeal, this appeal is untimely. It is therefore DISMISSED for lack of jurisdiction.

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

Lewis v. State · filed 2022-09-29(a)

Moreover, even if Lewis was entitled to a direct appeal, 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).

Section 5-6-38(a) resets the time for filing a notice of appeal when a timely motion for new trial or motion in arrest of judgment is filed.

Jarred Mark Porter v. State · filed 2023-03-06(a)

And both motions for new trial and motions in arrest of judgment are resetting post-judgment motions under OCGA § 5-6-38 (a).

Section 5-6-38(a) tolls the time to file a notice of appeal for a valid, timely motion for new trial or judgment notwithstanding the verdict until the trial court finally disposes of the motion; an untimely motion does not toll it.

WILKINSON v. PEACHTREE POINT, LLC · filed 2023-08-18(a)

Even if the appellants’ June 2023 filings could properly be construed as tolling motions, they were untimely because they were filed 34 days after entry of the writ of possession, and therefore they did not toll the time for filing the notice of appeal.

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.

Richardson v. State · filed 2023-08-23(a)

We lack jurisdiction because the appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or order being 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 appealable order.

Waddell v. Vinings Overlook Townhome Association, Inc. · filed 2023-09-07(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). ... Waddell’s notice of appeal was filed 37 days after entry of the order she seeks to appeal. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Biggers v. Exeter Finance, LLC · filed 2023-09-11(a)

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

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order appealed from; a notice filed on day 31 is untimely.

Wright v. Wright · filed 2023-09-27(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). Wright’s notice of appeal is untimely, as it was filed 31 days after entry of the order on appeal.

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

In Re: Travis Bernard Fraley · filed 2023-10-10(a)

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

A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed; a notice filed on day 31 is untimely.

CHISOLM v. WALTERS · filed 2023-10-11(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). ... Chisolm’s notice of appeal is untimely, as it was filed 31 days after entry of the order on appeal. Accordingly, this appeal is hereby DISMISSED.

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

MCCRAY v. THOMAS · filed 2023-10-12(a)

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

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

MOORE v. WALDEN PARK COMMUNITY ASSOCIATION, INC. · filed 2023-10-17(a)

First, a notice of appeal must be filed within 30 days of 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 upon an appellate court.” Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (citation and punctuation omitted). Here, the Moores filed their notice of appeal 34 days after the entry of the final judgment. Therefore, the appeal is untimely and we lack jurisdiction on this basis.

Section 5-6-38(a) makes an appeal of convictions untimely when it is brought after the appeal deadline.

Bryson v. State · filed 2023-10-19(a)

He additionally argues that the evidence was insufficient to sustain his convictions for aggravated child molestation, but his appeal of those convictions is untimely.

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

Laguerre v. Christen Jakulski · filed 2023-10-20(a)

A notice of appeal must be filed within 30 days of entry of an appealable order or judgment. OCGA § 5-6-38 (a). ... Although Laguerre filed a motion for reconsideration within 30 days of the dismissal order, motions for reconsideration do not extend the time for filing an appeal from the underlying decision, and an order resolving the motion for reconsideration is not itself a directly appealable judgment.

A notice of appeal must be filed within 30 days of an appealable judgment; a motion for reconsideration does not extend that deadline.

Bryant v. Bryant · filed 2023-10-20(a)

A notice of appeal must be filed within 30 days of entry of an appealable order or judgment. OCGA § 5-6-38 (a). ... Here, Johnny filed his notice of appeal 56 days after entry of the superior court’s final order. Although he filed a motion for reconsideration, motions for reconsideration do not extend the time for filing an appeal from the underlying decision, and an order resolving the motion for reconsideration is not itself a directly appealable judgment.

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

Howard v. State · filed 2023-10-20(a)

A notice of appeal must be filed within 30 days of entry of the order or judgment sought to be appealed. OCGA § 5-6-38 (a). ... Thus, the instant appeal – filed 20 years after Howard’s March 2003 judgment of conviction – is untimely.

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

Ary v. State · filed 2023-10-24(a)

Second, even if Ary was entitled to a direct appeal, this appeal is untimely. A notice of appeal must be filed within 30 days of the entry of an appealable judgment. 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.

NYA HALL v. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA · filed 2023-10-26(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 entry of an appealable decision or judgment.

Holcomb v. State · filed 2023-10-31(a)

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

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

Randolf Smith v. State · filed 2023-11-07(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). 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). Smith filed his notice of appeal 47 days after entry of the order he seeks to appeal. Consequently, this untimely 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 order being appealed.

Greg Taylor, Jr. v. State · filed 2023-11-07(a)

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

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

Flewellen v. State · filed 2023-11-08(a)

Pretermitting Flewellen’s argument, a notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a). ... Because Flewellen’s notice of appeal was filed almost two years from the trial court’s order and more than five years after his judgments of conviction were entered, it is untimely.

A notice of appeal must be filed within 30 days of entry of the judgment or order being appealed; timely filing is required for appellate jurisdiction.

Sims v. Maddox · filed 2023-11-13(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). ... Sims’s July 31 notice of appeal was untimely filed 74 days after the May 18 order and 55 days after the June 6 order.

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

Jackson v. State · filed 2023-11-13(a)

Next, even if Jackson was entitled to a direct appeal of the order denying the extraordinary motion for new trial, this appeal is untimely. A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Jackson’s notice of appeal was filed on March 22, 2023, 41 days after entry of the trial court’s order dismissing the extraordinary motion for new trial.

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

In Re: Daishaun Lee Burgess, Ward · filed 2023-11-14(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). ... Octavia Burgess’s notice of appeal was filed 32 days after entry of the order she seeks to appeal. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

WILBURN v. KANYA WHITE · filed 2023-11-16(a)

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

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

LESHON STEWARD v. U.S. BANK TRUST NATIONAL ASSOCIATION, AS TRUSTEE FOR LSF9 MASTER · filed 2023-11-28(a)

And to be timely, a notice of appeal must be filed within 30 days following entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). Here, the trial court entered the order of dismissal on July 6, 2023, and therefore Stewart was required to file her notice of appeal no later than Monday, August 7. Stewart, however, did not file her notice of appeal until August 8.

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

Scott v. Asirifi · filed 2023-12-07(a)

Second, even if Scott was entitled to a direct appeal, her notice of appeal is untimely. A notice of appeal must be filed within 30 days after entry of the appealable order.

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

Costache v. Jackson County · filed 2023-12-08(a)

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

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

Maloy Brooks v. State · filed 2023-12-08(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. Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Because Brooks’s notice of appeal was filed more than eight years after his judgment of conviction was entered, it is untimely.

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.

Dwayne Cotton v. State · filed 2023-12-27(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).

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.

Jaworski v. State · filed 2024-01-11(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). ... Jaworski’s notice of appeal is untimely, as it was filed 32 days after entry of the final judgment.

A motion labeled as a motion for new trial that challenges only legal conclusions does not extend the time to file a notice of appeal.

Perritt v. Keystone Concrete Foundations, Inc. · filed 2024-03-25(a)

Here, Flybuilt’s “Motion for New Trial” and Perritt’s “Amended Motion for New Trial” — which challenged only the trial court’s legal conclusions in its orders entering a default judgment against Flybuilt and granting summary judgment against Perritt — were not proper motions for a new trial and thus did not extend the time for Perritt to appeal the May 2023 order granting summary judgment against him.

A notice of appeal must be filed within 30 days of an appealable order, and a request for reconsideration does not extend that deadline.

GOVAN v. WINDER NURSING, INC. · filed 2024-04-22(a)

A notice of appeal must be filed within 30 days of entry of an appealable order. ... Here, Govan filed his notice of appeal 126 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.

Section 5-6-38(a) does not require an order disposing of a withdrawn motion to withdraw a guilty plea.

Clemons v. State · filed 2024-04-09(a)

The statute does not require a mandatory order otherwise disposing of a motion to withdraw a guilty plea, and, while the better practice may be for a trial court to issue an order noting the withdrawal of such a motion, Clemons has not cited any statutory or case law authority requiring the trial court to issue a ruling under the circumstances here – where counsel, with the acquiescence of his client, withdraws a motion to withdraw a guilty plea.

A motion raising only legal issues is a motion for reconsideration and does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

In Re: Estate of Sariah Ge'lita Wilcoxson · filed 2024-12-10(a)

Under these circumstances, Miller’s motion was, in substance, a motion for reconsideration. Accordingly, Miller’s notice of appeal — filed over six months after the order determining heirs — is untimely. See OCGA § 5-6-38 (a).

A timely, proper motion for new trial extends the time to file a notice of appeal; a motion for new trial filed when no trial occurred does not.

OMESHIA NEWTON v. SQUARE FOOT MINISTRY, INC. · filed 2025-02-05(a)

A motion for new trial, when timely filed, extends the time to file a notice of appeal. See OCGA § 5-6-38 (a). However, a party cannot move for new trial if no trial has been had. And “[w]here 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.” Debter v. Stephens, 297 Ga. 652, 652 (777 SE2d 244) (2015) (citation and punctuation omitted).

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

FLOYD FRANKLIN GENTRY, JR. v. GORDON COUNTY SHERIFF'S OFFICE · filed 2025-02-06(a)

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

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

Hughey v. State · filed 2025-02-10(a)

However, in order 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). ... Here, although Hughey’s notice of appeal was filed within 30 days of the denial of his motion for reconsideration, it is untimely as to the order dismissing his motion to withdraw guilty plea, as it was filed 239 days after entry of that order.

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

Gardhigh v. State · filed 2025-02-11(a)

First, Gardhigh’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.

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

Rich P. Successful v. Pearson · filed 2025-02-12(a)

Even if the contempt order was directly appealable, a notice of appeal must be filed within 30 days of the entry of the appealable decision. OCGA § 5-6-38 (a). ... Successful filed his notice of appeal 37 days after the contempt order was entered.

A properly filed motion for new trial extends the time to file a notice of appeal, but a motion that only challenges legal conclusions does not.

EDWARD VANCE TALLON, II v. TALLON · filed 2025-02-18(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 a motion that merely challenges a court’s legal conclusions — regardless of nomenclature — is not a proper motion for a new trial and thus does not extend the time to appeal.

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

Bruton v. State · filed 2025-02-19(a)

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

A notice of appeal must be filed within 30 days of entry of an appealable order; an untimely notice leaves the appellate court without jurisdiction.

Thomas v. Bgn Investments, LLC · filed 2025-02-25(a)

A notice of appeal must be filed within 30 days of entry of an appealable order. OCGA § 5-6-38 (a). ... Here, the defendant filed her notice of appeal 31 days after entry of the order she seeks to challenge. Because we lack jurisdiction to consider this untimely appeal, the plaintiff’s motion to dismiss is hereby GRANTED, and the appeal is hereby DISMISSED.

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

Pierce v. State · filed 2025-02-28(a)

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. Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Here Pierce’s notices of appeal were filed almost a year after the trial court entered the probation revocation orders and more than four years after the 2021 entry of his convictions. Thus, the notices of appeal are untimely.

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

Joyner v. State · filed 2025-03-04(a)

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

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.

Trice-Holiday v. Jeune · filed 2025-03-07(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. ... And because Trice-Holiday’s notice of appeal was filed 80 days after the trial court’s October 4 order, it is untimely as to that order.

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.

In the Interest of S. H., a Child · filed 2025-03-07(a)

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

A notice of appeal must be filed within 30 days after entry of the judgment being appealed; a notice filed 176 days after judgment is untimely.

Williams v. State · filed 2025-03-10(a)

A notice of appeal must be filed within 30 days of entry of the judgment 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 on this Court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Williams’ notice of appeal was filed 176 days after entry of his judgment of conviction and sentence and was therefore untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment; motions to recuse or reconsider do not toll that deadline.

ALLEN v. COLUMBIA COUNTY SCHOOL DISTRICT · filed 2025-03-10(a)

Here, Allen’s October 15, 2024 notice of appeal was not filed within 30 days of the trial court’s July 6, 2023 final order resolving all of the claims in this case. Moreover, neither Allen’s post-judgment motion to recuse nor her motion for reconsideration tolled the time to appeal.

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.

Nelloms v. Daniel · filed 2025-03-14(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). Here, Nelloms filed her notice of appeal 95 days after entry of the order she seeks to appeal. Because the notice of appeal was untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Section 5-6-38’s 30-day period for filing a notice of appeal does not begin when the opposing party voluntarily dismisses its remaining counterclaims, because that dismissal is not an appealable decision or judgment.

GWENDOLYN D. DYKES v. ATLANTA PAVING & CONCRETE CONSTRUCTION, INC. · filed 2025-03-14

Thus, even if the voluntary dismissal of the Defendants’ counterclaims brought finality to the case, our precedent is clear that it was not an appealable decision or judgment within the meaning of OCGA §§ 5-6-34 (a) (1) and 5-6-38.

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

BURROUGHS v. BRADLEY HOUSE CONDOMINIUM ASSOCIATION, INC. · filed 2025-03-17(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). Here, rather than timely appealing the March 25 order entering final judgment, Burroughs filed a motion for reconsideration / motion to set aside. A motion for reconsideration 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.

Subsection (a) requires a notice of appeal to be filed within 30 days after entry of the judgment or order being appealed.

Coggins v. State · filed 2025-03-19(a)

Pretermitting the issue of whether a direct appeal is authorized here, 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).

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

Gianni v. State · filed 2025-04-02(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).

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

Zanders v. State · filed 2025-04-02(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. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Here, Zanders’s notice of appeal was filed 42 days after entry of the order he wishes to appeal and was thus untimely.

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

Yadley Al-Ben Girard v. State · filed 2025-04-08(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).

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.

Ross III v. Envoy Air Inc. · filed 2025-04-08(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).

A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed; an untimely notice does not confer appellate jurisdiction.

Bailey v. State · filed 2025-04-09(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. Ebeling v. State, 355 Ga. App. 469, 469 (844 SE2d 518) (2020). Bailey’s notice of appeal was filed 49 days after entry of the trial court’s order and is thus untimely.

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

FLOYD FRANKLIN GENTRY, JR. v. CITY OF CALHOUN POLICE DEPARTMENT · filed 2025-04-15(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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, Gentry filed his notice of appeal 325 days after entry of the order he seeks to challenge. Because we lack jurisdiction to consider this untimely appeal, defendants’ motion to dismiss is hereby GRANTED, and the appeal is hereby DISMISSED.

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

Brown v. State · filed 2025-04-21(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.

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.

Berman v. City of Atlanta · filed 2025-04-23(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. See OCGA § 5-6-38 (a). Here, however, Berman filed his notice of appeal 31 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 after entry of the judgment or order being appealed.

Wester v. Lm General Insurance Company · filed 2025-04-23(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). ... Wester’s notice of appeal — filed 35 days after entry of the order he wishes to appeal — is untimely.

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

ANTONIO HILL v. CSX TRANSPORTATION, INC. · filed 2025-04-29(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. ... Hill’s notice of appeal, filed 33 months after the trial court’s April 26, 2022 order, is untimely as to that order.

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

Kelly v. Rockefeller · filed 2025-05-05(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). Because Kelly’s notice of appeal was filed 45 days after entry of the protective order, it is untimely.

A notice of appeal must be filed within 30 days after entry of the judgment appealed, and timely filing is required for appellate jurisdiction.

Coney v. State · filed 2025-05-06(a)

First, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment 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 on this Court.

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

Patterson v. State · filed 2025-05-06(a)

A notice of appeal “shall be filed within 30 days after the entry of the order” denying a motion for new trial. OCGA § 5-6-38 (a).

Section 5-6-38 (a) requires a notice of appeal within 30 days after entry of the judgment; timely filing is necessary for appellate jurisdiction.

Coney v. State · filed 2025-05-07(a)

A notice of appeal must be filed within 30 days of entry of the judgment 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 on this Court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Coney’s notice of appeal was filed 115 days after entry of the trial court’s order and was therefore untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment or order; a late filing deprives the appellate court of jurisdiction.

Ware v. State · filed 2025-05-13(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. ... Ware’s notice of appeal was untimely filed 50 days after entry of the order he seeks to appeal, thereby depriving us of jurisdiction over this appeal.

A notice of appeal must be filed within 30 days after entry of the judgment or order appealed; an untimely notice requires dismissal.

Carroll v. State · filed 2025-05-13(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). Carroll’s notice of appeal was untimely, as it was filed 49 days after entry of the order he wishes to appeal. The State’s motion to dismiss is therefore GRANTED, and this appeal is hereby DISMISSED.

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

Seron Edshon Shepherd v. State · filed 2025-05-14(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). Shepherd’s notice of appeal was untimely, as it was filed four months after entry of the judgment of conviction and 44 days following entry of the order denying Shepherd’s motion to withdraw her plea.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable decision; a notice received by the trial judge within that period was timely even though the clerk filed it later.

Anaiah Petty v. State · filed 2025-05-14(a)

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). ... We therefore consider the filing date of Petty’s notice of appeal to be October 4, 2022, and Petty’s notice of appeal was thus timely filed.

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

Ward v. State · filed 2025-05-22(a)

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

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.

Baker v. Roberts · filed 2025-05-23(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).

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

Landing v. Booth · filed 2025-05-29(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). ... Landing’s notice of appeal was filed 39 days after entry of the order he seeks to appeal.

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

Portlock v. State · filed 2025-06-02(a)

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 ordinarily must be filed within 30 days of the judgment or order, and a motion for reconsideration does not extend that time.

Darrell Giles, Jr. v. Loung · filed 2025-06-02(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 Giles’s February 2024 motion 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.

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

Bryson v. State · filed 2025-06-09(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. ... Because Bryson’s notice of appeal was filed 42 days after entry of the trial court’s order, it is untimely.

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

Higgs v. State · filed 2025-06-13(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). Higgs’s notice of appeal was filed 35 days after entry of the trial court’s order and is thus untimely. Consequently, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

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

Underwood v. State · filed 2025-06-16(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). Underwood’s notice of appeal was filed 36 days after entry of the trial court’s order and is thus untimely. Consequently, we lack jurisdiction over this direct appeal, which is hereby DISMISSED.

A notice of appeal must be filed within 30 days of the appealable judgment; withdrawing a timely notice after that period expires leaves no notice pending.

Rampersad v. the Plantation at Bay Creek Homeowners Association, Inc. · filed 2025-06-17(a)

“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). ... Accordingly, once she withdrew her notice of appeal, there was no notice of appeal pending after the 30-day window in which to file a notice expired.

A motion challenging only legal conclusions does not extend the 30-day deadline for filing a notice of appeal under subsection (a).

In Re: Estate of Sariah Ge'lita Wilcoxson · filed 2025-02-12(a)

A motion that merely challenges a court’s legal conclusions is not a proper motion for a new trial and thus does not extend the time to appeal. ... Under these circumstances, Miller’s motion was, in substance, a motion for reconsideration. Accordingly, Miller’s notice of appeal — filed over six months after the order determining heirs — is untimely. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days of judgment; a motion to set aside does not reset that deadline.

William J. Bentley D/B/A Mobile X-Ray Solutions v. Brush & Company · filed 2014-06-12(a)

Bentley did not file his notice of appeal within 30 days of the judgment against him as required by OCGA § 5-6-38 (a), nor did he file within 30 days one of the three motions that, under that Code section, reset the time for appeal: a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict. Instead, he filed a motion to set aside the judgment.

Section 5-6-38(a) does not allow a motion to vacate and set aside to extend the time for filing a notice of appeal.

Quarterman v. Quarterman · filed 1983-12-01(a)

No motions for new trial, in arrest of judgment, or judgment n.o.v. were filed, and a motion to vacate and set aside is not one of the motions enumerated in OCGA § 5-6-38 (a) that will extend the time for filing a notice of appeal.

Section 5-6-38's deadline for filing a notice of appeal is not extended by a motion to vacate or amend.

Mathis v. Hegwood · filed 1984-01-10

Such a motion to vacate and/or amend is not one of the three statutory motions which extend the time of filing of the notice of appeal.

Section 5-6-38(a) does not extend the time to file a notice of appeal when a party files a motion to reconsider or a motion to set aside.

Rockdale County v. Water Rights Committee, Inc. · filed 1989-01-19(a)

The WRC and the individual also filed a motion to reconsider and a motion to set aside the judgment. Neither motion is enumerated in OCGA § 5-6-38 as one which extends the time for filing a notice of appeal.

Section 5-6-38 does not extend the time to file a notice of appeal for a motion to vacate and set aside a final judgment.

Lytle v. State · filed 1990-10-16

A motion to vacate and set aside final judgment is not a motion enumerated in OCGA § 5-6-38 which extends the time for filing a notice of appeal.

Section 5-6-38 does not extend the time to file a notice of appeal for a motion to vacate and set aside a final judgment.

Law Offices of Johnson & Robinson v. Fortson · filed 1985-09-03

A motion to vacate and set aside final judgment is not a motion enumerated in OCGA § 5-6-38 which extends the time for filing a notice of appeal.

Section 5-6-38 requires a notice of appeal within 30 days of the judgment unless an extension is granted; a motion to vacate does not extend that deadline.

Thompson v. General Motors Acceptance Corp. · filed 1990-01-24

In order for this court to have jurisdiction over a case, the notice of appeal must be filed within 30 days of the judgment appealed from, unless an extension has been granted. ... Thompson’s motion to vacate the grant of summary judgment for the appellee did nothing to extend the deadline for filing a notice of appeal from that order. ... The order granting summary judgment for the appellee having been filed on April 3, 1989, and Thompson’s notice of appeal having been filed on June 9, 1989, the notice of appeal is untimely.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment or a ruling on a listed postjudgment motion; a motion to set aside does not extend that deadline.

MMT ENTERPRISES, INC. v. Cullars · filed 1995-09-20(a)

OCGA § 5-6-38(a) provides that a notice of appeal must be filed within 30 days after entry of the appealable decision or judgment, or within 30 days after entry of a ruling on a motion for new trial, motion for judgment notwithstanding the verdict or motion in arrest of judgment. ... Accordingly, Littlejohn and other cases relied upon by appellant are overruled to the extent they may be construed to hold that the filing of a motion to set aside can extend the time for filing a notice of appeal.

A motion to vacate an order denying a new trial does not extend the time to file a notice of appeal.

Segura v. State · filed 2006-07-26(a)

A motion to vacate an order denying a motion for new trial cannot be distinguished from a motion for reconsideration, which does not extend the time for filing a notice of appeal.

A motion to set aside generally does not automatically extend the time to file a notice of appeal under § 5-6-38 (a).

Realty Professionals, Inc. v. De La Valette · filed 2025-10-30(a)

Generally, a motion to set aside is not one of the motions listed in OCGA § 5-6-38 (a) that automatically extends the time for filing a notice of appeal.

Section 5-6-38(a) starts the 30-day appeal period when a motion for new trial is resolved; post-judgment motions for attorney fees do not toll that period.

O'Leary v. Whitehall Construction · filed 2011-03-18(a)

However, as soon as the court issued its order disposing of the motion for new trial, the 30-day time period to file a notice of appeal began to run. Id. The appellees’ post-judgment motions for fees under OCGA §§ 9-11-68 and 9-15-14 did not toll the time for the O’Learys to appeal from the March 2009 order denying their motion for new trial.

Section 5-6-38(a) requires a notice of appeal within 30 days of the order; a pending request for attorney fees under § 9-15-14 does not toll that deadline.

Evans v. Van Welie · filed 2024-04-09(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. ... Notably, although the trial court reserved ruling on the issue of attorney fees under OCGA § 9-15-14, the pendency of that issue did not toll the time for Evans to file an appeal.

Section 5-6-38(a)'s 30-day deadline for appealing an order is not extended by a motion for reconsideration.

Dobson v. Sinclair Oconee Realty Inc. · filed 2015-09-21(a)

However, the denial of a motion for reconsideration is not directly appealable nor does it extend the 30-day deadline for appealing the underlying order. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); OCGA § 5-6-38 (a).

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

Nembhard v. Jp Morgan Chase Bank, N. A. · filed 2015-05-05(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). A trial court’s denial of a motion for reconsideration is not subject to direct appeal. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). In addition, the filing of such a motion does not extend the time for appealing the underlying judgment – in this case, the July 10 order. Id. Nembhard’s notice of appeal, therefore, is invalid as to the order denying her motion for reconsideration and untimely as to the July 10 order.

A notice of appeal must be filed within 30 days after an appealable order; a motion for reconsideration does not extend that deadline.

Schwab v. Kirsch · filed 2015-05-11(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). A trial court’s denial of a motion for reconsideration is not subject to direct appeal. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). In addition, the filing of such a motion does not extend the time for appealing the underlying judgment – in this case, the October 14, 2014 final jugment. See id. Schwab’s notice of appeal, therefore, is invalid as to the order denying his motion for reconsideration and untimely as to the October 14, 2014 final judgment.

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

Grady R. Williams, Jr. v. State · filed 2015-07-08(a)

First, a notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). ... The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal. ... Here, Williams filed his notice of appeal 35 days after the entry of the trial court’s order denying his motion to vacate. Accordingly, we lack jurisdiction to consider this appeal.

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.

Frazier v. State · filed 2014-05-20(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). In addition, Frazier’s motion for reconsideration did not extend the 30-day deadline for appealing the underlying order. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). Accordingly, this appeal is untimely and must be dismissed.

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

Dean v. Ramey · filed 2014-06-17(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of entry of the challenged order. A motion for reconsideration does not extend the time for filing a notice of appeal. ... Accordingly, the notice of appeal is untimely as to that order.

Section 5-6-38(a) requires a notice of appeal within 30 days; a motion for reconsideration does not extend that time.

Davenport v. State · filed 2014-08-19(a)

Davenport’s motion for reconsideration did not extend the time for filing her notice of appeal, but Davenport’s notice of appeal was timely because it was filed within 30 days of the trial court’s order denying her motion for a certificate of materiality.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the trial court’s order; a motion for reconsideration does not extend that time.

Ireland v. State · filed 2014-10-09(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). ... The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal. ... Ireland file his notice of appeal 59 days after the entry of the trial court’s order denying his motion for resentencing. Accordingly, we lack 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 being appealed; a motion for reconsideration does not extend that deadline.

Major Fortson v. Render C. Freeman · filed 2014-10-29(a)

A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... The filing of a motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of a motion for reconsideration is not itself a directly appealable order. ... Here, Fortson filed his notice of appeal 39 days after entry of the underlying order. The untimely appeal is hereby DISMISSED for lack of jurisdiction.

Section 5-6-38’s time for filing a notice of appeal is not extended by a motion for reconsideration.

Becker v. Fairman · filed 1983-09-06

It has repeatedly been held that, unlike a motion for new trial, motion in arrest of judgment, or motion for judgment not withstanding the verdict, a motion for reconsideration does not extend the time for filing a notice of appeal.

A motion for reconsideration does not extend the time to file a notice of appeal under § 5-6-38.

Saylor v. Vasconez · filed 1983-12-05

The appeal is not timely and must be dismissed. “It has repeatedly been held that, unlike a motion for new trial, motion in arrest of judgment, or motion for judgment notwithstanding the verdict, a motion for reconsideration does not extend the time for filing a notice of appeal.

A motion for reconsideration does not extend the time to file a notice of appeal under § 5-6-38.

Hargrove v. Phillips · filed 1988-03-24

Appellant's motion for reconsideration was not one of the three statutory motions that extend the time for filing a notice of appeal, OCGA § 5-6-38; Guthrie v. D. L. Claborn Buick/Opel, 180 Ga. App. 128 (348 SE2d 523) (1986), so it follows that this appeal is untimely and must be dismissed.

A motion for reconsideration does not extend the time for filing a notice of appeal under § 5-6-38.

Precise v. City of Rossville · filed 1990-09-04

Appellant’s motion to vacate could only be considered to be a motion to reconsider, which under OCGA § 5-6-38 does not extend the time for filing an appeal.

Section 5-6-38 requires a notice of appeal within 30 days of the trial court’s final action; a motion for reconsideration does not automatically extend that deadline.

Stonecypher v. State · filed 1983-10-03

In the case at bar appellant did not file his motion to review or reconsider for 10 months, well after the 30 days allowed for notice of appeal.

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

Joseph v. Joseph · filed 1984-02-21

A litigant must file a notice of appeal within thirty days of the entry of the appealable decision or judgment of which he complains, unless a motion for new trial, a motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed. OCGA § 5-6-38 (Code Ann. § 6-803). ... “A motion for reconsideration is not one of the three statutory motions which extend the time of filing of the notice of appeal. [Cits.]” Littlejohn v. Tower Assocs., 163 Ga. App. 37, 38 (293 SE2d 33) (1982). Therefore, it is clear that appellant failed to file the requisite notice of appeal in a timely fashion and the appeal must be dismissed.

Section 5-6-38(a) requires an appeal to be filed within 30 days of the order being appealed; a motion for reconsideration does not extend that time.

Savage v. Newsome · filed 1985-01-11(a)

It is well established that the denial of a motion for reconsideration of an appealable order or judgment is not itself appealable and does not extend the time for filing a notice of appeal. ... The plaintiff’s appeal not having been filed within 30 days of the entry of the order assessing costs against him, it follows that the appeal must be dismissed as untimely.

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

Jones v. Superior Court · filed 1990-09-27

Inasmuch as the motion for reconsideration did not extend the filing date for a notice of appeal (Donnelly v. Stynchcombe, 246 Ga. 118 (269 SE2d 10) (1980)), appellant’s notice of appeal was not filed within 30 days of the final judgment from which he appeals. OCGA § 5-6-38.

A motion for reconsideration does not extend the time to file a notice of appeal.

Brown v. Webb · filed 1997-01-21(a)

Additionally, the time for filing a notice of appeal is not extended by filing a motion for reconsideration.

Section 5-6-38 requires a notice of appeal within 30 days of an appealable order; a motion for reconsideration does not extend that deadline.

In the Interest of A. C. J. · filed 1994-02-04

The Department of Human Resources has filed a motion to dismiss this appeal on the basis that the notice of appeal was' not filed within 30 days of an appealable order or judgment as required by OCGA § 5-6-38. We are constrained to agree and dismiss the appeal.

A motion for reconsideration does not extend the time to file a notice of appeal.

Simmons v. State · filed 1997-09-10(a)

The filing of the motion for reconsideration did not extend the time for filing the notice of appeal, and the appeal is accordingly untimely.

A motion for reconsideration does not extend the 30-day deadline for filing a notice of appeal under § 5-6-38(a).

Hardrick v. Morgan · filed 1999-09-24(a)

A motion for reconsideration does not extend the time for filing a notice of appeal.

A motion for reconsideration does not extend the 30-day period for filing a notice of appeal.

Burch v. Dines · filed 2004-04-29(a)

Although the filing of a motion for reconsideration does not extend the 30-day period within which a notice of appeal from entry of an appealable judgment must be filed, in this case the notice of appeal was filed within 30 days of entry of both the order denying the Burches’ motion to set aside the default judgment and the order denying their motion for reconsideration.

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 jurisdictional deadline.

Underwood v. Lanier Home Center, Inc. · filed 1999-07-22(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable judgment, which in this case was the trial court’s January 5, 1999 order. The filing of a motion for reconsideration does not extend the time for filing a notice of appeal. ... The time requirement of OCGA § 5-6-38 (a) is jurisdictional, and because of the Underwoods’ failure to file a timely notice of appeal, this appeal must be dismissed for lack of jurisdiction.

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

Bell v. Cohran · filed 2000-06-20(a)

It is well settled that a motion for reconsideration does not toll the time for filing a direct appeal. ... Bell’s notice of appeal was not filed within 30 days of the superior court’s June 11, 1999 order; consequently, it is untimely.

A notice of appeal must be filed within 30 days after entry of the appealable decision or judgment; a motion for reconsideration does not toll that deadline.

Masters v. Clark · filed 2004-08-25(a)

Because Masters’ notice of appeal was filed nearly a year after the December 2002 order was entered, it is untimely. 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.”).

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

J. D. Rock Enterprises, LLC v. Long · filed 2012-06-04(a)

A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. OCGA § 5-6-38 (a). However, a trial court’s denial of a motion for reconsideration is not itself appealable, and the filing of a motion for reconsideration does not extend the time for filing an appeal. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5) (1985). Here, the plaintiffs’ failure to file a notice of appeal within 30 days of the trial court’s November 28, 2011 order renders the appeal untimely.

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 time.

Carter v. Peeples · filed 2012-08-10(a)

To be timely, however, his notice of appeal had to have been filed within 30 days after entry of the custody order. See OCGA § 5-6-38 (a). Although Carter filed a motion for reconsideration, the filing of such a motion does not extend the time for filing a notice of appeal.

A notice of appeal must be filed within 30 days of the order appealed from; a motion for reconsideration does not extend that deadline.

Johnson v. Girl Scouts of Greater Atlanta, Inc. · filed 2012-08-15(a)

A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal.

A motion for reconsideration does not extend the time to file a notice of appeal under § 5-6-38(a).

Robbin E. Smith v. Discover Bank · filed 2012-07-20(a)

The denial of a motion for reconsideration is not appealable in its own right, nor does the filing of such a motion extend the time for filing a notice of appeal under OCGA § 5-6-38 (a).

A motion seeking reconsideration of legal rulings is not a valid motion for new trial and does not extend the time to file a notice of appeal.

Georgia Government Transparency and Campaign Finance Commission v. State Mutual Insurance Co. · filed 2013-03-28(a)

Because the substance of the pleading shows that it sought the Court’s reconsideration of legal rulings, it was not a valid motion for a new trial and did not extend the Court’s control over the July 16, 2010 final order or the time for filing a notice of appeal.

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

Brown v. Hoskins · filed 2013-08-22(a)

The denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal. ... Brown’s failure to file a notice of appeal within 30 days of the trial court’s December 6, 2012 order renders her appeal untimely.

A motion for reconsideration does not extend the 30-day deadline for filing a notice of appeal under subsection (a).

Garrett v. Killian Auto Service, Inc. · filed 2020-01-28(a)

First, 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 state court’s August 9 order is not appealable, and the defendant’s appeal – filed more than 30 days after the court’s July 12 order – is untimely as to the July 12 order. See OCGA § 5-6-38 (a); Bell, 244 Ga. App. at 510-511; Savage, 173 Ga. App. at 271.

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

Harris v. University of Georgia · filed 2020-01-29(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... However, the denial of a motion for reconsideration is not directly appealable, and the filing of such a motion does not extend the time for filing an appeal.

Section 5-6-38(a) does not authorize cross-appeals in criminal cases.

State v. Cook · filed 1984-09-27(a)

This court is without the authority to extend the applicability of the civil cross-appeal procedure of OCGA § 5-6-38 (a) to criminal cases.

Section 5-6-38(a) limits cross-appeals to civil cases and does not authorize a criminal defendant to cross-appeal a State appeal.

State v. Crapse · filed 1984-11-30(a)

Despite the justice and judicial economy which would result were criminal defendants able to cross-appeal suits brought before this court by the State pursuant to OCGA § 5-7-1, OCGA § 5-6-38 (a) expressly limits the right of cross-appeal to civil parties and we decline to encroach on the legislature’s prerogative by judicially authorizing such a cross-appeal in a criminal case.

Section 5-6-38(a) makes a cross-appeal filed 27 days after service of the initial notice of appeal untimely.

INTERNATIONAL INDEMNITY COMPANY v. Smith · filed 1986-02-10(a)

Smith’s cross-appeal, notice of which was filed 27 days from the service of IIC’s notice of appeal, is dismissed as untimely. See OCGA § 5-6-38 (a); Shipman v. Horizon Corp., 151 Ga. App. 242 (10) (259 SE2d 221) (1979); Venable v. Block, 138 Ga. App. 215 (3) (225 SE2d 755) (1976).

An appellee generally must file a cross-appeal to challenge an adverse ruling, but the appellate court may review the ruling without one when it becomes material to an error raised by the appellant.

Georgia Society of Plastic Surgeons, Inc. v. Anderson · filed 1987-12-04

The general rule is that an appellee must file a cross-appeal to preserve enumerations of error concerning adverse rulings. OCGA § 5-6-38; ... However, a ruling that becomes material to an enumeration of error urged by an appellant may be considered by the appellate court without the necessity of a cross-appeal.

Section 5-6-38 requires an appellee to file a cross-appeal to obtain review of an asserted error unless the error becomes material to the appellant’s enumeration of error.

Karr v. Ryback · filed 1988-04-13

However, we are unable to address this assertion since no cross-appeal was filed.

Section 5-6-38(a) permits a cross-appeal after an interlocutory appeal has been perfected, even when the cross-appeal raises issues beyond those certified for immediate review.

Friedman v. Friedman · filed 1989-10-19(a)

OCGA § 5-6-34 (b) sets forth the procedure for perfecting an interlocutory appeal. This subsection provides that after appellant has filed a notice of appeal, “the procedure thereafter shall be the same as in an appeal from a final judgment.” OCGA § 5-6-34 (b). Therefore, because a perfected interlocutory appeal loses its “interlocutory character” with regards to procedural aspects of the appeal, there is no procedural bar to Lester’s cross-appeal brought pursuant to OCGA § 5-6-38 (a).

Section 5-6-38(a) permits a cross-appeal when the main appeal is properly taken from an interlocutory order.

Atlanta Obstetrics & Gynecology Group v. Abelson · filed 1990-03-16(a)

However, an appeal which has been properly taken from an interlocutory order, such as Defendants' main appeal, has the same procedural status and dignity as an appeal from a final judgment. Lawrence v. Whittle, 146 Ga. App. 686, 687 (2) (247 SE2d 212) (1978). It follows that Plaintiffs clearly have the right to pursue a cross-appeal pursuant to OCGA § 5-6-38 (a).

Section 5-6-38 permits an appellee to cross-appeal adverse trial court rulings, but a cross-appeal that identifies no such ruling must be dismissed.

Stevens v. McCarty · filed 1991-01-31

OCGA § 5-6-38 allows an appellee to institute a cross-appeal and present for adjudication all errors or rulings adversely affecting him. Inasmuch as appellees’ cross-appeal does not enumerate any error in the trial court’s order adversely affecting them, it is dismissed.