Ga. Code Ann. § 5-6-38

Section 5-6-38, read with § 5-6-37, permits a codefendant to bring a cross-appeal in another codefendant’s interlocutory appeal; the cross-appellant need not be an appellee appealing against an appellant.

Sanders v. Ramo · filed 1992-02-13

The Supreme Court has overruled case law interpreting the predecessor statute to OCGA § 5-6-38, Ga. Code Ann. § 6-803, e.g., ... as requiring cross appeals to be filed by appellees against appellants, see ... and now interprets OCGA § 5-6-38 together with language in OCGA § 5-6-37 that “all parties to the proceedings in the lower court shall be parties on appeal” to mean that “all parties to all proceedings in the lower court are parties on appeal.” ... We conclude that Cabezas’ appeal is properly before us “[b]ased on the foregoing, and mindful of the legis ... lative intent that the Appellate Practice Act is to be liberally construed in order to bring about a decision on the merits of every case appealed. [Cit.]”

Section 5-6-38 permits an appellee to cross-appeal against a party who is not an appellant.

CENTENNIAL INSURANCE COMPANY v. Sandner, Inc. · filed 1989-07-07

Thus, OCGA § 5-6-38 does not specifically limit an appellee to cross-appealing only against an appellant, or only to enumerations raised by an appellant.

An appellee may obtain review of an adverse ruling without a cross-appeal when the ruling is necessary to resolve an error raised by the appellant.

Southern General Insurance v. Buck · filed 1991-11-12

“The general rule is that an appellee must file a cross-appeal to preserve enumerations of error concerning adverse rulings. OCGA § 5-6-38; [Cit.] 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.” ... Consideration of the waiver issue is a necessary threshold inquiry to the disposition of the merits of Southern General’s claims. For that reason we will review the ruling that Southern General’s delay in filing the declaratory judgment action did not operate as a waiver of the right to question its obligation for coverage.

An appellee must file a cross-appeal to obtain review of a ruling adversely affecting the appellee.

Selfridge v. MORRISON CAFETERIA COMPANY · filed 1989-07-14(b)

OCGA § 5-6-38 provides that appellee “may institute cross-appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant, and the appellee may present for adjudication on the cross appeal all errors or rulings adversely affecting him.” As appellee has not filed a cross-appeal this matter is not properly before this court.

Section 5-6-38(a) permits an appellee to file an independent appeal instead of a cross-appeal, and a timely independent appeal may be treated as a cross-appeal.

McClure v. Gower · filed 1989-10-26(a)

However, OCGA § 5-6-38 (a) provides that, in lieu of filing a cross-appeal, “the appellee may at his option file an independent appeal.” ... With this in mind, we hold that Gower’s appeal is properly before us as a cross-appeal to McClure’s appeal and, thus, should be decided on its merits.

Section 5-6-38(a) preserves the option to file an independent appeal instead of a cross-appeal.

Ammari v. Sohn · filed 1990-11-06(a)

OCGA § 5-6-38 (a) gives an appellant the right to file a cross-appeal, yet specifically preserves an appellant’s option to file an independent appeal. The motion to dismiss is without merit and is denied.

Section 5-6-38 permits a party to raise an alleged error in a cross appeal without filing a separate direct appeal.

Hall County School District v. C. Robert Beals & Associates, Inc. · filed 1998-02-17

We note initially, that although the subcontractors did not file a separate direct appeal concerning this issue, OCGA § 5-6-38 authorized them to assert the error as part of their cross appeal.

Section 5-6-38(a) does not authorize a direct independent appeal from an interlocutory discovery ruling; review requires an application for discretionary appeal.

Reliance Insurance v. Cobb County · filed 1998-12-04(a)

The independent appeal authorized by OCGA § 5-6-38 (a) is not the direct appeal here attempted but consists of an application for discretionary review of a timely certified interlocutory discovery order.

Section 5-6-38(a) permits a cross-appeal only when a valid appeal exists.

Trammel v. Clayton County Board of Commissioners · filed 2001-07-02(a)

Under OCGA § 5-6-38 (a), a cross-appeal can be brought only where a valid appeal exists.

An appellee generally must cross-appeal an adverse ruling, but the appellate court may consider that ruling without a cross-appeal when it becomes material to the appellant’s claimed error.

Dunn v. Five Star Dodge-Jeep-Eagle-Mazda, Inc. · filed 2000-07-27

The general rule is that an appellee must file a cross-appeal to preserve enumerations of error concerning adverse rulings. OCGA § 5-6-38; [cit.] 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. [Cits.] ... We find that the issue of the grant of a new trial on damages is material to the propriety of the court’s order reducing the damage award.

Section 5-6-38(a) permits a co-defendant to cross-appeal an interlocutory matter when the main appeal is properly before the appellate court.

Georgia Department of Transportation v. Strickland · filed 2006-05-24(a)

The City, although a co-defendant below, is an “appellee” entitled to file a cross-appeal pursuant to OCGA § 5-6-38 (a) ... seeking ... review of an interlocutory matter so long as the main appeal is properly before us.

Section 5-6-38(a) allows an appellee to file a cross-appeal in another party’s appeal even if the appellee’s own petition for superior court review was untimely.

Coastal Marshlands Protection Committee v. Center for a Sustainable Coast · filed 2007-07-11(a)

As appellees in those appeals, the Challengers’ appeals are properly before this Court as cross-appeals filed pursuant to OCGA § 5-6-38 (a).

Section 5-6-38(a) provides for cross-appeals of adverse errors or rulings but does not establish a practice of cross-appealing claims on which the trial court did not rule.

Mancill v. Hall · filed 2008-10-17(a)

This statutory authority does not demonstrate that it is “firmly established and a regularly followed state practice” to cross-appeal claims upon which a habeas court did not rule. Rather, the statute provides only for the cross-appeal of adverse errors or rulings.

Section 5-6-38(a) requires an appellee seeking review of an adverse ruling to file a notice of appeal or cross-appeal; without either, the court will not consider the challenge.

Liu v. Boyd · filed 2008-10-23(a)

OCGA § 5-6-38 (a) in relevant part provides: “A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained. ... In civil cases, the appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant. ...” In this matter, the record shows that Boyd failed to file either a notice of appeal or a notice of cross-appeal. Accordingly, we will not consider Boyd’s attempt to appeal the trial court’s dismissal of her professional negligence claims for failure to file an expert affidavit in accordance with OCGA § 9-11-9.1.

Section 5-6-38(a) permits an appellee to seek review on cross-appeal of an adverse order entered before the notice of cross-appeal, even if the order was entered after the original notice of appeal.

Rhone v. Bolden · filed 2004-11-12(a)

OCGA § 5-6-38(a) provides that an "appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant," and further provides that the appellee "may present for adjudication on the cross appeal all errors or rulings adversely affecting him." The trial court's January 14, 2004 order denying Bolden's motions for summary judgment against all of the defendants preceded Bolden's cross-appeal, and therefore we may properly consider Bolden's appeal of that order in this opinion.

Section 5-6-38 requires a notice of cross-appeal before a purported cross-appeal enumeration of error may be considered.

State v. Pye · filed 2007-10-29

However, no cross-appeal is docketed in this Court, andno notice of cross-appeal has been filed. See OCGA§§ 5-6-38 and 5-7-1 (b). Therefore, the purported enumeration of error is not considered.

Section 5-6-38(a) requires an appellee to file a cross-appeal to obtain review of a claimed trial-court error.

Hutto v. Cacv of Colorado, LLC · filed 2011-03-16(a)

But because CACV did not file a cross-appeal raising this argument, the issue is not before us and will not be considered.

An appellee must file a cross-appeal to preserve a challenge to an adverse ruling unless that ruling is material to an issue raised by the appellant.

In Re Estate of Boss · filed 2008-10-01(a)

But Peevy did not file a cross-appeal. ... Here, we can address the appellants’ challenge to the amount of award without addressing the appellee’s argument. Thus, because Peevy failed to raise his argument ... in a properly filed cross-appeal, the issue is not before us and will not be considered in this opinion.

Section 5-6-38 requires an appellee to file a cross-appeal to preserve a challenge to an adverse ruling.

Callahan v. Hall · filed 2010-03-17

But by failing to file a cross-appeal, he waived his right to assert any such challenge.

Section 5-6-38(a) does not permit a cross-appeal to a cross-appeal.

Jones v. White · filed 2011-10-04(a)

OCGA § 5-6-38 (a) does not contemplate a cross-appeal to a cross-appeal.

Section 5-6-38 requires a cross-appeal to challenge an adverse ruling, unless that ruling becomes material to an error raised by the appellant.

Truelove v. Buckley · filed 2012-10-25

But the trial court ruled adversely to Buckley on this issue, and he did not file a cross-appeal challenging that adverse ruling. See OCGA § 5-6-38; Liu v. Boyd, 294 Ga. App. 224, 226 (2) (668 SE2d 843) (2008); Chester v. Ga. Mut. Ins. Co., 165 Ga. App. 783 (302 Ga. App. 594) (1983). Further, we do not believe this case comes within the exception that “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[,]” espoused by our Supreme Court in Ga. Society of Plastic Surgeons v. Anderson, 257 Ga. 710, 711 (1) (363 SE2d 140) (1987).

Section 5-6-38(a)’s cross-appeal provision applies to appeals to the Court of Appeals and Georgia Supreme Court, not appeals from the Workers Compensation Board to superior court.

New Grand Buffet, Inc. v. Zheng · filed 2013-03-20(a)

The employer argues that the cross-appeal provisions of OCGA § 5-6-38 should apply in this case because the superior court was acting as an appellate court. But the statute refers explicitly to the Court of Appeals and the Georgia Supreme Court, not to any court acting in an appellate capacity.

Section 5-6-38(a)’s cross-appeal provision applies to appeals to the Court of Appeals and Supreme Court, not appeals from the Workers’ Compensation Board to a superior court.

Zheng v. New Grand Buffet, Inc. · filed 2013-03-20(a)

The employer argues that the cross-appeal provisions of OCGA § 5-6-38 should apply in this case because the superior court was acting as an appellate court. But the statute refers explicitly to the Court of Appeals and the Supreme Court of Georgia, not to any court acting in an appellate capacity.

Section 5-6-38(a) requires an appellee to file a cross-appeal or independent appeal to obtain review of adverse rulings.

State v. Nickerson · filed 2013-10-09(a)

Because Nickerson failed to file a cross-appeal or an independent appeal, we lack jurisdiction to consider his allegations of error arising from the superior court’s adverse rulings.

An appellee must file a cross-appeal to challenge an adverse ruling unless that ruling is material to an error raised by the appellant.

Thunderbolt Harbour Phase II Condominium Assocaition, Inc. v. Ryan · filed 2014-03-27

The trial court ruled adversely to Ryan on this issue, and he did not file a cross-appeal challenging that adverse ruling. ... Although appellate courts may consider a trial court’s ruling that becomes material to an enumeration of error urged by an appellant without the necessity of a cross-appeal, see Ga. Society of Plastic Surgeons, supra, 257 Ga. at 711 (1), Ryan’s statute-of-limitations argument was not material to an enumeration of error argued by Phase II HOA. As a result, we will not consider Ryan’s argument without the required cross-appeal.

Section 5-6-38(a) permits an appellee to raise any adverse ruling issued before a timely notice of cross-appeal is filed, even if the ruling followed the original notice of appeal.

Sewell v. Cancel · filed 2014-06-02(a)

We therefore hold that an appellee may raise in a cross-appeal any adverse rulings issued prior to the filing of a timely notice of cross-appeal.

Section 5-6-38 requires a party seeking review of its own claim of trial court error to file a proper cross-appeal; without one, the court considers that party’s argument only as it relates to the appellant’s claim.

Central Mortgage Co. v. Humphrey · filed 2014-07-09

To the extent that Elder contends that this Court should rescind the contract and grant him a lien against the property in the amount of $ 1.4 million from which he may then reimburse Central, we considered this argument only to the extent it was material to Central’s enumeration of error because Elder failed to file a proper cross-appeal alleging error on the part of the trial court.

Section 5-6-38 (a) permits a co-defendant to file a cross-appeal of an interlocutory matter when the main appeal is properly before the court.

UNITED PARCEL SERVICE OF AMERICA, INC. v. WHITLOCK · filed 2023-01-26(a)

Although Reynolds and Liberty Mutual did not file or join in the application for interlocutory appeal from the November 23, 2021 choice of law order, they are entitled to file cross-appeals since “a co-defendant below[] is an ‘appellee’ entitled to file a cross-appeal pursuant to OCGA § 5-6-38 (a) seeking review of an interlocutory matter so long as the main appeal is properly before us.” Ga. DOT v. Strickland, 279 Ga. App. 753, 755-756 (3) (632 SE2d 416) (2006) (footnote omitted).

Section 5-6-38 requires a properly filed cross-appeal for an issue raised by an appellee to be before the appellate court.

Martin v. State · filed 2023-10-24(d)

In addition to again failing to establish that it has a right to appeal this order, the State also has...failed to raise this issue in a properly filed cross-appeal.4 Accordingly, this issue is not properly before this Court.

Section 5-6-38 requires a cross-appeal to obtain review of a claim dismissed by the trial court.

EARL MATTHEW LAMBERT, III v. DMRT, LLC · filed 2023-10-26

The trial court granted the motion as to Mixx’s additional claim for intentional infliction of emotional distress. Mixx did not file a cross-appeal as to this claim; thus, we do not address it in this appeal.

Section 5-6-38(a) permits a cross-appeal only when a valid appeal exists.

RANDY O. CROSBY v. SAPP · filed 2024-07-10(a)

Moreover, under OCGA § 5-6-38 (a), a cross-appeal may only be brought where a valid appeal exists. Because Sapp failed to comply with the interlocutory appeal procedure, and no party has filed a valid appeal here, this Court lacks jurisdiction to consider these appeals, which are hereby DISMISSED.

Section 5-6-38 (a) permits a cross-appeal only when a valid appeal exists.

Sachdeva v. James Lewis Redmond, III · filed 2025-10-14(a)

And under OCGA § 5-6-38 (a), a cross-appeal may only be brought where a valid appeal exists.

Subsection (a) permits a cross-appeal from an adverse ruling even when the trial court grants the cross-appellant’s motion on other grounds.

Clure v. Johnson Street Properties, LLC · filed 2016-09-21(a)

However, Clure is permitted to challenge via cross-appeal the trial court’s adverse ruling that OCGA § 51-12-33 is not unconstitutional, despite the fact that the court granted her motion on other grounds.

Section 5-6-38(a) requires an appellee’s cross-appeal to concern an adverse trial-court ruling.

Melissa Dempsey F/K/A Melissa Watson v. Gwinnett Health System, Inc. D/B/A Gwinnett Medical Center · filed 2014-11-21(a)

Nevertheless, in authorizing cross-appeals in civil cases, it is fundamental that there must exist an adverse ruling of the trial court from which an appeal may be taken. The Act provides that, when an appellee cross-appeals, he may present “all errors or rulings adversely affecting him[.]” (Emphasis supplied.) OCGA § 5-6-38 (a).

Section 5-6-38(a) requires an adverse trial court ruling before an appellee may cross-appeal.

Dempsey v. Gwinnett Hospital System, Inc. · filed 2014-11-21(a)

Nevertheless, in authorizing cross-appeals in civil cases, it is fundamental that there must exist an adverse ruling of the trial court from which an appeal may be taken. ... Because the trial court has not entered an order addressing and ruling upon the remaining grounds raised in the hospital’s motion, it would be improper for this Court to address them in this appeal.

Section 5-6-38(a) permits a cross-appeal from an adverse ruling even when the trial court granted the cross-appellant’s motion on other grounds.

Johnson Street Properties, LLC v. Clure · filed 2016-09-21(a)

However, Clure is permitted to challenge via cross-appeal the trial court’s adverse ruling that OCGA § 51-12-33 is not unconstitutional, despite the fact that the court granted her motion on other grounds.

Section 5-6-38 requires a cross-appeal to obtain review of an adverse ruling that is separate from the appellant’s enumerated errors.

Bath v. International Paper Company · filed 2017-10-24(b)

Although we agree that the issue of whether relevant evidence was spoliated is unrelated to the issue of contractual surrender, defendants’ failure to file a cross- appeal from this adverse ruling means we cannot reach this issue.

Section 5-6-38(a) does not require an appellee to file a cross-appeal for an adverse ruling that is material to an error raised by the appellant.

Coen v. Aptean, Inc. · filed 2018-06-04(a)

The defendants did not file a cross-appeal from the trial court’s adverse ruling, and “[t]he general rule is that an appellee must file a cross-appeal to preserve enumerations of error concerning adverse rulings.” Ga. Society of Plastic Surgeons v. Anderson, 257 Ga. 710, 711 (1) (363 SE2d 140) (1987). See OCGA § 5-6-38 (a); McGregor v. River Pond Farm, 312 Ga. App. 652, 657 (3) (719 SE2d 546) (2011). 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.” Ga. Society of Plastic Surgeons, 257 Ga. at 711 (1). ... Accordingly, whether Coen filed a timely and proper renewal action is material to a determination of whether the trial court’s grant of the defendants’ motion to dismiss was correct, and thus we will consider it.

A party seeking review of an adverse ruling must file a cross-appeal or a separate notice of appeal.

Matthews v. Yoplait USA, Inc. · filed 2019-11-06(a)

In addition, Yoplait failed to challenge, by cross-appeal or by a separate notice of appeal, the trial court’s initial conclusion that res ipsa loquitur applies in this case.

Section 5-6-38 permits review of a nonfinal order as a cross appeal when the main interlocutory appeal is properly before the court.

Manfred Keais, as Next of Kin and as Administrator of the Estate of Eric Keais v. Othel D. Kelley, III · filed 2026-06-17(a)

And because Newsome’s interlocutory appeal is properly before this Court, Keais’ appeal from the order granting Kelley’s motion to dismiss is properly before us as a cross appeal.

Section 5-6-38(a) gives an appellee 15 days from service of a notice of appeal to file a cross-appeal, with three additional days when service is by mail.

State of Georgia v. Newman · filed 2017-07-28(a)

The State had 15 days following Newman’s March 7, 2017 notice of appeal–plus an additional 3 days because Newman served the notice by mail–in which to file a timely cross-appeal.

Section 5-6-38(a) requires an appellee to file a cross-appeal within 15 days after service of the appellant’s notice of appeal.

National Consultants, Inc. v. Burt · filed 1988-02-08(a)

OCGA § 5-6-38 (a) pertinently provides that “appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant.” ... Construing these statutory rules in the manner most favorable to Burt, and further considering that the record before us reflects no time extension for the filing of this cross-appeal within the meaning of OCGA § 5-6-39 (a) (2), we find that the cross-appeal was not timely filed.

Section 5-6-38(a) allows a cross-appeal within 15 days after service of the notice of appeal; a later appeal from a different order may be a timely independent appeal.

Carter v. Fulton-DeKalb County Hospital Authority · filed 1993-07-12(a)

Although appellee designated this appeal as a cross-appeal, we note that OCGA § 5-6-38 (a) allows a cross-appeal to be filed within 15 days from the service of the notice of appeal. Since appellee's notice of appeal was filed several months after appellants' notice of appeal and from a different order, it cannot be deemed a cross-appeal but is a timely filed independent appeal.

Section 5-6-38’s 15-day cross-appeal deadline does not apply to an independent appeal, which must be filed within 30 days of the order being appealed; a later order enforcing it does not restart that period.

Beavers v. Gilstrap · filed 1993-08-16

Although entitled a “cross-appeal,” Gilstrap’s appeal actually is an attempted independent appeal from the trial court’s subsequent award of post-judgment interest to Beavers. For that reason, his appeal is not subject to dismissal under OCGA § 5-6-38 for not having been filed within 15 days of service of Beavers’ notice of appeal. However, it is apparent that Gilstrap’s appeal is from the trial court’s award of post-judgment interest which was entered on January 4, 1993, and not the subsequent order of January 20, 1993, which enforced the earlier order. As such, his notice of appeal filed on February 12, 1993, was untimely, requiring dismissal of the appeal.

Section 5-6-38(a) allows an appellee to institute a cross-appeal by filing notice within 15 days after service of the appellant’s notice of appeal.

AMBLING MANAGEMENT COMPANY v. Purdy · filed 2006-11-28(a)

OCGA § 5-6-38 (a) pertinently provides, “In civil cases, the appellee may institute cross appeal by filing notice thereof within 15 days from service of the notice of appeal by the appellant; and the appellee may present for adjudication on the cross appeal all errors of rulings adversely affecting him.” The record confirms that, within 15 days of being served with Ambling’s notice of appeal, Purdy filed a notice of cross-appeal, stating that she was appealing from the trial court’s grant of a directed verdict in favor of Ambling on the issue of punitive damages. That is her sole claim of error on cross-appeal. We conclude that Purdy properly instituted this cross-appeal.

A notice of appeal filed more than 15 days after another party’s notice of appeal cannot be considered a cross-appeal.

McMeans Leasing, Inc. v. Dot · filed 2012-04-25(a)

Because McMeans Leasing’s notice of appeal was not filed within 15 days of McMeans’s notice of appeal, it cannot be considered a cross-appeal.

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

Griffin Builders v. Synovus Bank · filed 2012-05-22(a)

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

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

Benning v. State · filed 2013-05-16(a)

We lack jurisdiction because the notice of appeal was not timely filed. OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal.

An adverse ruling may be reviewed without a cross-appeal when it becomes material to an error raised by the appellant.

Best v. Cb Decatur Court LLC · filed 2013-10-30

“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.” (Citation omitted.) Id. For the purposes of this appeal, we find that the court’s ruling on the OCGA § 13-1-11 (a) (3) notice issue is material to Best’s assertion that it erred in awarding the plaintiff any attorney fees.

Section 5-6-38 requires an appellee to file a cross-appeal to seek review of an adverse ruling unless that ruling is material to an error raised by the appellant.

Thunderbolt Harbour Phase II Condominium Ass'n v. Ryan · filed 2014-03-27

As a result, we will not consider Ryan’s argument without the required cross-appeal.

Section 5-6-38(a) requires a civil appellee to file a cross appeal to obtain review of an adverse ruling; without one, the appellate court lacks jurisdiction over that issue.

Fulton County Board of Tax Assessors v. Piedmont Park Conservancy · filed 2015-07-23(a)

We have no jurisdiction over this question, however, because the Conservancy did not cross- appeal the trial court’s imposition of ad valorem tax on the 28.3% of the building dedicated to income-producing activities.

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

George W. Pitts, Jr. v. Arthur L. Smith, III · filed 2018-05-02(a)

Moreover, even if Pitts had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a).

A cross-appeal must be filed within 15 days of service of the notice of appeal, with three additional days for service by mail; an amended notice that merely reduces the appellate record does not restart the deadline.

James v. Bond · filed 2019-10-14(a)

Under OCGA § 5-6-38 (a), a notice of cross-appeal must be filed within fifteen days of service of the notice of appeal, with three additional days afforded for service by mail pursuant to OCGA § 9-11-6 (e). ... Thus, the relevant date for calculating the timeliness of the notice of cross-appeal is the date of the original notice of appeal, not the date of the amended notice of appeal.

A motion for new trial does not extend the time to file a notice of appeal when it is not a proper way to challenge the ruling.

Russell v. Kendall · filed 2020-02-13(a)

Given that there was no bench trial or evidentiary hearing in the first instance in this case, a motion for new trial was not the appropriate vehicle for challenging the trial court’s ruling, and thus the Motion did not operate to extend the time for filing an appeal.

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

PAUL HASTINGS, LLP v. PERRY · filed 2021-12-06(a)

Our Appellate Practice Act requires the notice of appeal to “be filed within 30 days after entry of the appealable decision or judgment complained of[,]” except in certain circumstances not applicable here. OCGA § 5-6-38 (a). ... So the plaintiffs’ notice of appeal, filed on May 25, 2021, was untimely; and we are without jurisdiction over the plaintiffs’ appeal.

Section 5-6-38(a) allows a cross-appellant to seek review of adverse interlocutory rulings when the main appeal is properly before the court.

Think Development Systems, Inc. v. Cloudious, LLC · filed 2023-08-02(a)

As a cross-appellant, Cloudious can “present for adjudication on the cross appeal all errors or rulings adversely affecting” it. OCGA § 5-6-38 (a); see also Ga. Dept. of Transp. v. Strickland, 279 Ga. App. 753, 755-756 (3) (632 SE2d 416) (2006) (cross-appellant may seek “review of an interlocutory matter so long as the main appeal is properly before us”).

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

STEVEN GRAVES v. SATTERFIELD · filed 2023-08-28(a)

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

Section 5-6-38(a) requires a cross-appeal to obtain review of a separate adverse ruling that is not material to the appellant’s claimed error.

Matthews v. Oskouei · filed 2023-10-20(a)

Because Oskouei did not file a cross-appeal as to this issue, we do not review this finding in this appeal.

Section 5-6-38(a) requires a notice of appeal within thirty days after entry of an appealable order or judgment; an earlier order cannot first be challenged in an appeal from a later judgment.

Georgia Department of Labor v. Sims · filed 1982-12-02(a)

However presented, the fact remains that appellant is attacking the January 22,1981 order of the trial court in this appeal of the trial court’s October 29,1981 affirmance of the final action of the board made on August 19,1981. As such, it is clearly untimely. Code Ann. § 6-803(a) (now OCGA § 5-6-38 (a)) (requiring that a notice of appeal be filed within thirty days after entry of an appealable decision or judgment).

Section 5-6-38(a) bars review of errors from a judgment when the appeal from that judgment is untimely.

Vroman v. Peeples · filed 1985-02-27(a)

Appellant’s notice of appeal states that his appeal filed in this court on March 30, 1984 is from the August 9, 1982 judgment. Because any other enumeration of error is untimely, see OCGA § 5-6-38 (a); Stonecypher v. White, 161 Ga. App. 473 (289 SE2d 829) (1982), we consider only appellant’s enumeration that the trial court erred by denying his extraordinary motion for new trial.

Section 5-6-38 measures the time to file a notice of appeal from the date the judgment is filed.

Hight v. Burden · filed 1986-09-19

However, the record discloses that the final judgment (order granting summary judgment in favor of defendants) was filed on February 25, 1986, rather than the preceding day, so that plaintiff’s notice of appeal was timely filed. See OCGA § 5-6-38.

A timely notice of appeal remains effective when a later order merely clarifies the judgment without changing its outcome.

Melton v. J. M. Kenith Co. · filed 1987-03-17(a)

Contrary to plaintiffs’ contentions the defendant has filed a timely appeal. OCGA § 5-6-38 (a).

Section 5-6-38(a)'s 30-day period for appealing a final judgment does not restart when the trial court later amends that judgment.

Robinson v. Kemp Motor Sales, Inc. · filed 1988-01-06(a)

The subsequent entry by the trial court of an amendment to one of its previously entered and otherwise final judgments is not included among those rulings which will serve to recommence the statutorily mandated 30-day period within which a notice of appeal from the final judgment must be filed. See OCGA § 5-6-38.

Section 5-6-38(a) requires dismissal of a direct appeal when the notice of appeal is untimely.

In Re Booker · filed 1988-03-14(a)

Booker’s notice of appeal, filed April 10, 1987, was untimely, and therefore that portion of the appeal must also be dismissed.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment, rather than the date shown on the judgment.

Southern Guaranty Insurance v. Goddard · filed 1989-01-04(a)

The judgment of the trial court is dated December 8, 1987, but was not filed until December 10, 1987. A notice of appeal is required to be filed “within 30 days after entry [December 10] of the appealable decision or judgment complained of. . . .” (Emphasis supplied.) OCGA § 5-6-38 (a).

Subsection (a) allows 30 days to file a notice of appeal; when the deadline falls on a Saturday, filing is timely through the following Monday.

Stancil v. Kendrix · filed 1989-01-23(a)

Although the 30-day period for filing a notice of appeal allowed by OCGA § 5-6-38 (a) ended on November 5, that date was a Saturday. By operation of OCGA § 1-3-1 (3), appellant had through the following Monday, November 7, to file a timely notice of appeal. While the notice of appeal is dated November 7, it was not filed until November 8.

The date a notice of appeal is filed, rather than the date written on it, determines whether the appeal is timely.

Howard v. Wilkes · filed 1989-04-03(a)

Our examination of the record of the instant case reveals that the Notice of Appeal, although dated November 9, 1988, was not filed with the Clerk of the Bibb County Superior Court until November 21; the appeal is therefore untimely. OCGA § 5-6-38 (a).

Section 5-6-38(a) requires dismissal when a notice of appeal is filed on the 31st day after judgment and no motion for an out-of-time appeal was filed.

Clay v. State · filed 1990-01-30(a)

His notice of appeal was filed on the 31st day thereafter, June 9, 1989. No motion for an out-of-time appeal was filed. ... The out-of-time appeal must be dismissed for failure to follow OCGA § 5-6-38 (a).

Section 5-6-38(a) requires dismissal when a notice of appeal is filed 31 days after judgment and no motion for an out-of-time appeal was filed.

Austin v. State · filed 1991-03-12(a)

Defendant’s appeal must be dismissed due to the failure to comply with OCGA § 5-6-38 (a).

Section 5-6-38(a) requires dismissal when a notice of appeal is filed late and no motion for an out-of-time appeal was filed.

Walker v. State · filed 1991-11-05(a)

Defendant’s appeal must be dismissed due to the failure to comply with OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days; when the deadline falls on a Sunday, filing is timely through the following Monday. An untimely filing deprives the appellate court of jurisdiction.

Givins v. State · filed 1993-02-10(a)

“Although the 30-day period for filing a notice of appeal allowed by OCGA § 5-6-38 (a) ended on [April 19, 1992], that date was a [Sunday]. By operation of OCGA § 1-3-1 (3), appellant had through the following Monday, [April 20, 1992], to file a timely notice of appeal. While the notice of appeal is dated [April 17, 1992], it was not filed until [April 21, 1992]. Timely filing is the necessary act; without it, this court is without jurisdiction and the appeal must be dismissed. [Cit.]”

Section 5-6-38 permits an appeal from a later judgment that decides an issue distinct from those decided in an earlier judgment.

City of Fairburn v. Cook · filed 1990-03-16

It is therefore apparent that the December 1988 judgment, based on the doctrine of res judicata, was premised on an issue different from any issue addressed by the trial court in the September 1986 judgment. Insofar as the application of the doctrine of res judicata to the prejudgment interest is concerned, the trial court’s December 1988 judgment “contained at l[e]ast something to appeal by either party, if there was any error in it. [Cit.]” West v. Dorsey, 167 Ga. App. 233, 235 (1) (305 SE2d 840) (1983), rev’d on other grounds, Dorsey v. West, 252 Ga. 92 (311 SE2d 816) (1984). We therefore find that the City timely filed its appeal from the December 1988 judgment pursuant to OCGA § 5-6-38, and Cook’s motion to dismiss this appeal is denied.

Section 5-6-38(a)’s time for filing a notice of appeal begins upon entry of judgment and sentence.

Haynes v. State · filed 1997-06-25(a)

Haynes’ admission that at sentencing he decided to forgo an appeal is not dispositive because the time to file a notice of appeal had only begun to run at that point.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment; signing alone does not constitute entry.

Preece v. TURMAN REALTY COMPANY, INC. · filed 1997-09-29(a)

We note initially that contrary to Turman’s contention, Preece’s appeal was timely. OCGA § 5-6-38 (a) provides that “[a] notice of appeal shall be filed within 30 days after entry of an appealable decision or judgment.” (Emphasis supplied.) A judgment, although signed by a judge, is not “entered” until it is filed with the court clerk. OCGA § 9-11-58 (b). Although the record contains an earlier judgment signed by the trial judge, the record does not show that order was ever entered.

Section 5-6-38(a) requires an appeal from a summary judgment order designated final under § 9-11-54(b) within 30 days of the judgment’s entry.

Young v. Turner Heritage Homes, Inc. · filed 1999-11-22(a)

Because the trial court’s order designated its grant of summary judgment as final under OCGA § 9-11-54 (b), Young was required to appeal any adverse rulings in that order within 30 days of the final judgment’s entry. OCGA § 5-6-38.

When a revised order makes substantive judicial changes, an improper nunc pro tunc designation does not move back the date from which the 30-day notice-of-appeal period runs.

In the Interest of H. L. W. · filed 2000-06-14(a)

Because of the nature of the corrections and changes to the' original order, including factual matters of judicial determination, we find that this was an improper use of a nunc pro tunc entry and that the effective date of the appealable order was the date of the revised order — August 20, 1999.

Section 5-6-38(a)’s 30-day deadline for filing a notice of appeal is not extended when the last day falls on a county-declared holiday such as Good Friday.

In Re Estate of Dasher · filed 2002-12-18(a)

As OCGA § 1-3-1 (d) (3) makes no express provision for days falling on county-declared holidays, we must decide whether Good Friday constitutes a holiday for purposes of extending the filing date. Because the plain language of OCGA §§ 5-6-38 (a) and 1-3-1 (a) makes no provisions for extending the filing time for notices of appeal to compensate for county-declared holidays and OCGA § 1-4-2 limits religious holidays to Sundays, we find that it does not.

Section 5-6-38(a) does not reopen the time to appeal issues resolved in an earlier final order when a later order changes the remedy on remand.

Stewart v. Milliken · filed 2004-03-01(a)

However, the merits of the effectiveness of Milliken's appellate counsel were reached and resolved in the habeas corpus court's final order of September 2001. The State's attempt to challenge those merits now is untimely. OCGA § 5-6-38(a). Contrary to the State's argument, granting a new trial to an appellant does not upon remand of the case entitle the appellee to a new appeal in order to challenge issues that were conclusively resolved adversely to the appellee in the lower court's original order.

Section 5-6-38(a)'s 30-day notice period runs from a revised order when the revision makes new judicial determinations rather than correcting clerical errors.

In Re HLW · filed 2000-06-14(a)

Because of the nature of the corrections and changes to the original order, including factual matters of judicial determination, we find that this was an improper use of a nunc pro tunc entry and that the effective date of the appealable order was the date of the revised order—August 20, 1999. [9] The father's notice of appeal was filed on the thirtieth day after August 20. It was timely.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment, and a nunc pro tunc entry does not extend that deadline.

Ross v. State · filed 2003-01-16(a)

Because Ross did not file his motion for new trial or notice of appeal within 30 days of the trial court’s entry of the judgment nunc pro tunc to August 15, 2000, we do not have jurisdiction over the appeal and it is, therefore, dismissed.

When a notice of appeal is served by mail, the fifteen-day period for filing a cross-appeal receives a three-day extension under OCGA § 9-11-6(e).

Head v. Thomason · filed 2003-03-24(a)

We believe the approach of the Court of Appeals in the cases cited above is appropriate for the present case and hold that the notice of cross-appeal was timely because it was served within the fifteen-day period provided by OCGA § 5-6-38(a) plus the three-day extension provided for in OCGA § 9-11-6(e).

Section 5-6-38(a)'s 30-day period for filing a notice of appeal begins when the signed judgment is filed with the clerk, even if the judgment bears an earlier nunc pro tunc date.

Rocha v. State · filed 2007-09-07(a)

As a result, the applicable 30-day limit for filing a notice of appeal does not begin to run until a judgment, signed by the judge, is filed with the clerk.

Section 5-6-38(a)’s 30-day period for filing a notice of appeal begins after entry of an appealable decision or judgment.

Leon v. Monterrey Mexican Restaurant of Wise, Inc. · filed 2010-07-14(a)

Therefore, as the trial court’s order in this case denying Leon’s claim for attorney fees did not contain an express finding that there was no just" reason for delay and did not direct the entry of a final judgment, the order was not a directly appealable one, after which Leon had 30 days to file a notice of appeal as provided in OCGA § 5-6-38 (a).

Section 5-6-38 requires an appeal from an order certified as a final judgment under § 9-11-54 (b) within 30 days of entry.

Lewis v. Carscallen · filed 2005-07-08

The law is clear that when a trial court designates its order as a final judgment under OCGA § 9-11-54 (b), a party is required to appeal any adverse rulings in that order within 30 days of the entry of judgment. OCGA § 5-6-38.

A directly appealable partial summary judgment not appealed within 30 days may be challenged after entry of final judgment.

Patterson v. Bristol Timber Co. · filed 2007-07-09(a)

Since the order was not appealed within the 30-day statutory limit, however, it could only be appealed after entry of the final judgment in the case.

Section 5-6-38(a)’s 30-day period for filing a notice of appeal begins when the signed judgment is filed with the clerk.

Perlman v. Perlman · filed 2012-11-21(a)

The Paulding Superior Court signed that dismissal order and entered the judgment by filing it with the clerk in open court on October 27, 2010, thereby triggering OCGA § 5-6-38 (a)’s 30-day period for filing a notice of appeal.

When an appealable order is properly filed with a judge, the 30-day period for filing a notice of appeal begins on the judge’s filing date.

Jauanna Miles v. Lonnie Darrell Payne, Sr. · filed 2014-03-26

That Miles did not realize that the 30-day period started on the date of the judge’s stamp is no excuse.

Section 5-6-38(a)'s 30-day period for filing a notice of appeal begins when the judgment or order is entered.

Waller v. State · filed 2016-09-12(a)

First, the 30-day time frame provided in OCGA § 5-6-38 (a) is triggered by the “entry” of the judgment sought to be appealed, and “[t]he filing with the clerk of a judgment, signed by the judge, constitutes the entry of a judgment.” OCGA § 5-6-31.

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

Consuallo Ransom v. State · filed 2017-09-15(d)

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

Jones v. State · filed 2017-10-11(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. 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 Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Jones’s notice of appeal, filed 34 days after entry of the order, is untimely, and this appeal is therefore DISMISSED for lack of jurisdiction.

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

Pethel v. Bahia Bleu Condominium Association, Inc. · filed 2017-10-11(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).

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

Heald v. Heald · filed 2017-10-11(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). Here, Heald filed his notice of appeal 154 days after entry of the trial court’s January 10 order.

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

Johnson v. Griffin · filed 2017-10-11(a)

Second, the appeal is untimely. A notice of appeal must be filed within 30 days after the entry of the trial court’s order. 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.

Dingler v. Moore · filed 2017-10-11(a)

Dingler’s second notice of appeal, filed 47 days after the entry of the trial court’s order dismissing his legitimation petition, is untimely. See OCGA § 5-6-38 (a) (to be timely, 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 the final order.

Malcolm v. Crawford · filed 2017-10-11(a)

To appeal this order, Malcolm was required to file a notice of appeal within 30 days of its entry. See OCGA § 5-6-38 (a).

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

Oliver v. Hancock County School District · filed 2017-10-11(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). Here, Oliver filed her notice of appeal 32 days after entry of the trial court’s June 16 order.

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

Donna Snuggs, Temporary Administrator of the Estate of John Mason Snuggs, Sr. v. Snuggs · filed 2017-03-15(a)

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

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

Storr v. Sawyer · filed 2016-05-18(a)

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

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

Jackson v. Dekalb Medical Center · filed 2016-05-19(a)

Second, even if Jackson had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a).

Section 5-6-38(a) generally extends the notice-of-appeal deadline when a motion for new trial is filed, but waiving the motion before a ruling does not preserve that extension.

Thomas Edward Stokes, Jr. v. State · filed 2016-05-19(a)

Although the filing of a motion for a new trial generally extends the deadline for filing an appeal, see OCGA § 5-6-38 (a), Stokes waived his previously filed motion for new trial in this case prior to entry of an order on that motion. Thus, Stokes’s notice of appeal, filed more than two years after entry of the order he seeks to appeal, is untimely.

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

Holland v. State · filed 2016-06-02(a)

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

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

Parker v. Robinson · filed 2016-06-09(a)

As a result, Parker’s motion did not toll the time for appealing the trial court’s order.5 See Pillow, 255 Ga. at 684; Turner, 255 Ga. App. at 174-175 (1). ... “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). ... As a result, Parker’s notice of appeal had to be filed no later than Monday, March 16, 2015. See OCGA § 5-6-38 (a).

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

Sino-Fund, LLC v. Zhang · filed 2016-06-10(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).

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

Davis v. State · filed 2016-06-10(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). ... Because Davis did not file his notice of appeal until 41 days after entry of the trial court’s August 7 order and 37 days after entry of the trial court’s August 11 order, his appeal is untimely.

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

Spence v. State · filed 2016-06-10(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).

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order; signing it within that period does not make a later filing timely.

Ruffin v. State · filed 2016-06-10(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. 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 Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Because Ruffin filed his notice of appeal 36 days after entry of the trial court’s order, his appeal is untimely.

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

Nicholson v. Morris · filed 2016-06-10(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).

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

Lewis v. State · filed 2016-06-10(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a). ... Because Lewis filed his notice of appeal 86 days after entry of the order he seeks to appeal, it is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Carter v. Ingram · filed 2016-06-10(a)

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

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

Broadnax v. State · filed 2016-06-14(a)

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

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

Jones v. State · filed 2016-06-15(a)

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

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

Levandowski v. State · filed 2016-06-24(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 proper and timely filing of the notice of appeal is an absolute requirement to confer appellate jurisdiction upon this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Levandowski’s untimely notice of appeal was filed 39 days after entry of the order she seeks to appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Turner v. State · filed 2016-06-27(a)

First, a notice of appeal must be filed within 30 days after entry of the appealable order. 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 Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Turner filed his notice of appeal 34 days after entry of the trial court’s order, his appeal is untimely.

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

BONNEY v. BANK OF AMERICA · filed 2016-06-27(a)

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

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

Fox v. State · filed 2016-06-29(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).

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

Edwards v. State · filed 2016-07-18(a)

Second, even if Edwards had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Edwards filed his notice of appeal 52 days after entry of the trial court order he seeks to appeal.

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

Thomas v. State · filed 2016-07-18(a)

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

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

Calloway v. State · filed 2016-07-18(a)

Pretermitting whether Calloway was entitled to a direct appeal from the April 11, 2016 order, to be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a).

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

Konwinski v. State · filed 2016-07-18(a)

Pretermitting whether Konwinski was entitled to a direct appeal from the May 18, 2015 order, to be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a).

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

Rudolph v. Orange v. State · filed 2016-08-10(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Orange’s notice of appeal is untimely, as he filed it 47 days after entry of the trial court order he seeks to appeal.

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

Bradham v. Wellstar Health System, Inc. · filed 2016-08-10(a)

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

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

Brown v. State · filed 2016-08-10(a)

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

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

Cuppett v. State · filed 2016-08-10(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).

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

Rogers v. State · filed 2016-08-10(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).

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

Bretzing v. State · filed 2016-08-10(a)

First, Bretzing’s notice of appeal is untimely, as it was filed 37 days after the May 9 order was entered. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged decision).

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

Peterson v. State · filed 2016-08-10(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a). ... Because Peterson filed her notice of appeal 34 days after entry of the order she seeks to appeal, it is untimely.

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

Cliette v. State · filed 2016-08-25(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). ... Both of Cliette’s notices of appeal are untimely, as they were filed 57 and 64 days after entry of the trial court order he seeks to appeal.

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

Reynolds v. State · filed 2016-08-25(a)

To be timely, a notice of appeal must be filed within 30 days after entry of an appealable order.

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

Morris v. Demetrops · filed 2016-08-25(a)

To be timely, 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). ... Morris filed his notice of appeal 272 days after entry of the order, and thus it is untimely. Because Morris failed to file a notice of appeal within 30 days of the entry of the dismissal order, 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.

Jones v. State · filed 2016-08-25(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Jones’s notice of appeal is untimely, as he filed it 31 days after entry of the trial court order he seeks to appeal.

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

ARNOLD STREET LLC v. PHOEBE MAZE · filed 2016-08-25(a)

To be timely, a notice of appeal must be filed within 30 days after entry of an 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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). The plaintiff filed its notice of appeal 32 days after entry of the trial court’s order. Thus, the notice of appeal is untimely. Accordingly, this appeal is therefore DISMISSED for lack of jurisdiction.

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

Doe v. State · filed 2016-08-31(a)

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

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

Sears v. MacOn Telegraph Publishing Company · filed 2016-08-31(a)

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

Section 5-6-38(a) provides an initial 30-day period for filing a notice of appeal.

Thompson v. State · filed 2015-01-08(a)

Thompson failed to file a notice of appeal from the order denying his motion to withdraw his guilty plea within the initial 30-day period provided by OCGA § 5-6-38 (a), or within the 30-day extended period authorized by OCGA § 5-6-39.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable order; missing that deadline deprives the appellate court of jurisdiction.

Houston County v. Becham · filed 2015-02-05(a)

Thus, even if Houston County had a right of direct appeal, its failure to file a notice of appeal within 30 days of the superior court’s June 9, 2014 order would deprive us of jurisdiction.

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

Charlie Sanders v. State · filed 2015-02-05(a)

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

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

Zatar v. the Citizens Bank · filed 2015-02-05(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 plaintiffs filed their notice of appeal 43 days after entry of the trial court’s order, this appeal is untimely.

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

Zahran v. Hatcher Stubbs Land Hollis & Rothschild LLP · filed 2015-02-18(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).

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

Morrison v. State · filed 2015-02-18(a)

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

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

Rivers v. State · filed 2015-03-03(a)

Although a criminal defendant may directly appeal from a trial court order denying his request for an out-of-time appeal, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a).

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

Ackey v. State · filed 2015-03-03(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Jaheni v. State, 281 Ga. App. 213, 214 (635 SE2d 821) (2006). Because Ackey filed his notice of appeal 38 days after entry of the trial court’s order, this appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

Section 5-6-38(a) gives a party 30 days after an appealable decision to file a notice of appeal; a request to extend that period must be made before it expires.

Brown v. State · filed 2015-03-04(a)

However, Brown was required to file his request for an extension within the time period the motion sought to extend, in this case, within 30 days of the denial of his motion for an out-of-time appeal.

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

Luster v. Bank of America, N. A., Successor by Merger With Countrywide Home Loans Servicing · filed 2015-03-04(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the appealable decision. Luster did not, however, file a notice of appeal within 30 days after the dismissal of her suit.

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

Luster v. Bank of America, N.A. · filed 2015-03-04(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the appealable decision. ... Accordingly, Luster’s notice of appeal, filed more than 30 days after the trial court’s dismissal, was untimely and we lack jurisdiction to consider her appeal.

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

Rowe v. State · filed 2015-03-10(a)

The most recent trial court order was entered on October 2, 2014, and Rowe’s notice of appeal is untimely from that order. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days after entry of an appealable order).

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

Bradshaw v. State · filed 2015-03-13(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). ... Because Bradshaw filed his notice of appeal 42 days after entry of the orders he seeks 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 appealable order; an appeal filed later is untimely.

Walker v. State · filed 2015-03-20(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). Because Walker failed to file a notice of appeal within 30 days, his appeal is untimely and is hereby DISMISSED.

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

Hollman v. State · filed 2015-04-10(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the appealable judgment. Hollman’s notice of appeal, however, was filed almost 12 years after the disposition of his case.

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

Arrington v. Patricia Hirsch, Deputy Warden · filed 2015-04-10(a)

First, the notice of appeal is untimely. To be timely, a notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). Arrington filed his motion 65 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 trial court’s order; a notice filed on day 31 is untimely and leaves the Court of Appeals without jurisdiction.

Giles v. Giles · filed 2015-04-10(a)

We lack jurisdiction because the appeal is untimely. A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a).