Ga. Code Ann. § 5-6-38
Time for filing notice of appeal: the cases that interpreted this section
1,912 citing cases reviewed of 1,978 in the citation index: 1,649 interpreted the section (annotated below), 263 cited it only in passing. Cases filed after 2026-06-25 may not have been reviewed yet.
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These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Thirty-day filing deadline
A notice of appeal must be filed within 30 days of entry of an appealable judgment.
Frilando v. Lewis · filed 2015-04-10(a)
To be timely, a notice of appeal must be filed within 30 days of the entry of an appealable judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the trial court’s order; a late notice does not confer appellate jurisdiction.
Royce v. Discover Bank · filed 2015-04-10(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, Royce filed his notice of appeal 39 days after the trial court’s order was entered. Accordingly, we lack jurisdiction to consider this appeal, and it is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Ross v. State · filed 2015-04-10(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 (1) (452 SE2d 756) (1995). Because Ross filed her notice of appeal 34 days after entry of the trial court’s order, her appeal is untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order.
Abna v. State · filed 2015-04-10(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). 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 Abna filed his notice of appeal 31 days after entry of the trial court’s order, his appeal is untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order.
Marshall v. State · filed 2015-04-14(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 Mashall 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.
Robertson v. Clark · filed 2015-04-14(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Knight v. State · filed 2015-04-14(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.
Wyley v. State · filed 2015-04-29(a)
Second, the appeal is untimely. A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the challenged decision.
Ghezehiei v. Wesley Hall Homeowners Association, Inc. · filed 2015-05-05(a)
Second, Ghezehiei’s notice of appeal was untimely, as it was filed more than four years after entry of the default judgment. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged decision).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Howard v. State · filed 2015-05-05(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable judgment.
In THE INTEREST OF D. H., a Child · filed 2015-05-05(a)
D. H. did not seek to withdraw his admissions between adjudication and entry of disposition and did not file a timely notice of appeal from the disposition, which is a final judgment from which a direct appeal lies if taken within 30 days.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the challenged order or judgment; an untimely notice leaves the appellate court without jurisdiction.
Feliciano v. State · filed 2015-05-20(a)
We lack jurisdiction to consider this appeal because it is untimely. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of the order or judgment to be challenged).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order.
Gibson v. State · filed 2015-05-20(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.
Winston v. State · filed 2015-05-20(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).Read the full opinion on CourtListener →
A party has 30 days from entry of a final, directly appealable judgment to appeal it.
Lilly v. City of Carrollton Georgia · filed 2015-05-20(a)
Thus, Lilly had a right to appeal that judgment within 30 days of its entry. See OCGA § 5-6-38 (a). He did not do so.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; a notice filed on day 31 is untimely and does not confer jurisdiction.
Wilson v. State · filed 2015-05-21(a)
In addition, 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. Rocha v. State, 287 Ga. App. 446 (1) (a) (651 SE2d 781) (2007). Because Wilson’s notice of appeal was filed 31 days after entry of the judgment he wishes to appeal, it is untimely. This appeal is therefore DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the challenged decision; an untimely notice leaves the appellate court without jurisdiction.
Thomas v. Gwinnett Hospital System, Inc. · filed 2015-06-22(a)
Second, Thomas’s notice of appeal was untimely, as it was filed 35 days after entry of the final order. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged decision). For these reasons, this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.
Jackson v. Sex Offender Registry Review Board · filed 2015-06-22(a)
A notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable judgment.
Milledge v. Discover Bank · filed 2015-06-22(a)
As a rule, “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . .” OCGA § 5-6-38 (a). Milledge, however, did not file a notice of appeal within 30 days after entry of the grant of summary judgment.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable order; timely filing is required for appellate jurisdiction.
Parrish v. State · filed 2015-06-22(a)
Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of an appealable order. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.
Ellett v. State · filed 2015-06-22(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 Ellett filed his notice of appeal 34 days after entry of the trial court’s order, his appeal is untimely. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable order, including an order granting an out-of-time appeal.
Johnson v. State · filed 2015-07-08(a)
Although a criminal defendant may directly appeal from a trial court order granting his request for an out-of-time appeal, a notice of appeal must be filed within 30 days after entry of an appealable order.Read the full opinion on CourtListener →
A notice of appeal from a directly appealable order must be filed within 30 days after entry of the order; timely filing is required for appellate jurisdiction.
Copeland v. State · filed 2015-07-08(a)
A notice of appeal must be filed within 30 days after the entry of a directly appealable order, 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the trial court’s order; an untimely notice does not confer appellate jurisdiction.
Stanford v. Cynthia Jo Long Stanford · filed 2015-07-08(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). ... Here, Stanford filed his notice of appeal 32 days after the entry of the trial court’s order underlying his appeal. Accordingly, we lack jurisdiction to consider this appeal, which is therefore DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.
Lanham v. State · filed 2015-07-23(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 Lanham filed her notice of appeal 53 days after entry of the order she seeks to appeal, it is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Mjq Concourse, Inc. v. Arch Specialty Insurance Company · filed 2015-07-23(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable order.
Williams v. State · filed 2015-07-23(a)
A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Williams’s notice of appeal, filed nearly six months after entry of that underlying judgment, was not timely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.
Ishman v. State · filed 2015-07-23(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 Ishman filed his notice of appeal 308 days after entry of the order he wishes to appeal, his appeal is untimely. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Sneed v. State · filed 2015-07-23(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 Sneed filed his notice of appeal 35 days after entry of the trial court’s order, his appeal is untimely. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; a notice filed on day 31 is untimely.
Atkins v. Estate of Cason Calloway Jr. · filed 2015-07-30(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 Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012); GMC Group v. Harsco Corp., 293 Ga. App. 707 (667 SE2d 916) (2008). Because Atkins filed his notice of appeal 31 days after entry of the order he wishes to appeal, this appeal is untimely. It is therefore DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed from.
Jones v. State · filed 2014-05-06(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order; an untimely notice leaves the appellate court without jurisdiction.
Advanced Electronic Repair v. Scruggs · filed 2014-05-07(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 Advanced Electronic Repair filed its notice of appeal 35 days after entry of the trial court's order, the appeal is untimely and is therefore DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Vincent v. Elite Real Estate Services, LLC · filed 2014-05-12(a)
Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed.
Thomas v. State · filed 2014-05-16(a)
First, OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed. Thomas, however, filed his notice of appeal 84 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Carter v. Beverly A. Gantt, on Behalf of Dale A. Allison · filed 2014-05-19(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of the order being appealed; an untimely notice does not give the appellate court jurisdiction.
Robert L. Ware, Jr. v. State · filed 2014-05-29(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed. Ware, however, filed his notice of appeal more than four years after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.
Ellis v. State · filed 2014-06-02(a)
OCGA § 5-6-38 (a) requires that a notice of appeal must be filed within 30 days of the order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed; an untimely notice leaves the appellate court without jurisdiction.
Gross v. State · filed 2014-06-13(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed. ... Because Gross’s notice of appeal is untimely, we lack jurisdiction to consider his appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.
St. Cilien v. Just Mortgage Inc. · filed 2014-06-18(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 St. Cilien failed to file a notice of appeal within 30 days of the entry of the appealable judgment entered against her, this untimely appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Subsection (a) requires a notice of appeal to be filed within 30 days of the order being appealed.
Powell v. State · filed 2014-06-19(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed; an untimely filing does not confer appellate jurisdiction.
Robinson v. State · filed 2014-06-24(a)
To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. See OCGA § 5-6-38 (a). 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). Because Robinson’s notice of appeal was filed 46 days after entry of the trial court’s order, we lack jurisdiction over this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Chestnut v. Citi Mortgage, Inc. · filed 2014-06-30(a)
A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... Chestnut filed his notice of appeal 33 days after entry of the order he seeks to challenge. His appeal is therefore untimely.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order appealed; an untimely notice does not confer appellate jurisdiction.
Johndell Sanders v. Olivia Place, LLC D/B/A Olivia Place Apartments · filed 2014-07-03(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). The plaintiff filed her notice of appeal 33 days after entry of the order she seeks to challenge. This appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Taylor v. State · filed 2014-07-09(a)
To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order.Read the full opinion on CourtListener →
A notice of appeal from a final contempt judgment must be filed within 30 days after the judgment is entered.
Bankston v. Lachman · filed 2014-07-31(a)
As a final disposition on the father’s motion, the order of September 18, 2012, was subject to the timeliness requirements of OCGA § 5-6-38 (a), which provides that a notice of appeal “shall be filed within 30 days after entry of the appealable decision or judgment complained of.”Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
James W. Haynes, Jr. v. State · filed 2014-07-31(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.
Florin Coldea v. State · filed 2014-07-31(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.
Middlebrooks v. Floyd · filed 2014-07-31(a)
Additionally, the 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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.
Rowe v. Dekalb County, Georgia · filed 2014-08-14(a)
Second, the appeal is untimely. 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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order appealed from; a late notice does not confer appellate jurisdiction.
Petty v. State · filed 2014-09-10(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable judgment.
Brumit v. State · filed 2014-09-10(a)
To be timely, a notice of appeal must be filed within 30 days after the entry of an appealable judgment. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an untimely notice does not permit a direct appeal.
Eddie Green v. Richards · filed 2014-09-10(a)
First, OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of an appealable order. Green’s first notice of appeal was filed 104 days after the superior court dismissed his case. Because the notice of appeal was not timely filed, Green is not entitled to a direct appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order; a late filing leaves the appellate court without jurisdiction.
Apollo Brooks v. Clayton · filed 2014-09-10(a)
A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). Since Brooks’s notice of appeal was filed one day late, this Court lacks jurisdiction to consider his appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order.
Ferguson v. State · filed 2014-09-15(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. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Because Ferguson filed his notice of appeal 31 days after entry of the trial court’s order, his appeal is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Kennedy Smith v. State · filed 2014-09-18(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 Smith did not file his notice of appeal until 35 days after entry of the order he seeks to appeal, his appeal is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.
Strickland v. State · filed 2014-09-19(a)
First, 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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the trial court’s order; an untimely notice does not confer appellate jurisdiction.
Cofer v. German American Capital Corporation · filed 2014-09-22(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Roscoe Powers v. State · filed 2014-09-22(a)
First, to be timely, a notice of appeal must be filed within 30 days after entry of the appealable order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the appealed order; an untimely notice does not confer appellate jurisdiction.
Joannou v. Watkins · filed 2014-10-02(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intern. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Because Joannou’s notice of appeal was filed 78 days after entry of the final order, this appeal is untimely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.
Wright 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the trial court’s order.
Dacosta v. Lamar Companies D/B/A Lamar Advertising of Atlanta · 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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.
Donald v. State · filed 2014-10-10(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). 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 Donald filed his notice of appeal almost 3 years after entry of the order he seeks to appeal, his appeal is untimely. We thus lack jurisdiction to entertain this appeal, which is hereby DISMISSED.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the appealable order.
Carroll v. State · filed 2014-10-29(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the trial court’s order; an untimely notice does not confer appellate jurisdiction.
Eddie Green v. City of Atlanta · filed 2014-10-29(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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the trial court’s order.
Robert a Broady v. State · filed 2014-11-19(a)
First, 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).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable judgment.
Alexander v. State · filed 2014-11-19(a)
To be timely, a notice of appeal must be filed within 30 days after the entry of an appealable judgment.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable order.
Rita Dawn Woodruff v. Choate · filed 2014-11-19(a)
To be timely, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.
Smith v. State · filed 2014-11-19(a)
To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Because Smith filed his notice of appeal more than 30 days after entry of the order he seeks to appeal, it is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of an appealable order.
Gordon v. State · filed 2014-12-12(a)
Although a criminal defendant may 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed from.
Wilborn v. State · filed 2014-12-25(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of the order sought to be appealed. Wilborn, however, filed his notice of appeal 36 days after entry of the trial court’s order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
Petty v. State · filed 2014-12-25(a)
Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order.Read the full opinion on CourtListener →
Section 5-6-38(a) treats a notice of appeal filed on the same day as the denial of a motion for judgment notwithstanding the verdict as timely.
Bank of Tennessee v. Rochester · filed 1983-01-04(a)
The record reveals that the trial court's denial of appellant's motion for judgment notwithstanding the verdict was filed the same day appellant filed its notice of appeal. Thus, the appeal was timely. Code Ann. § 6-803 (a) (OCGA § 5-6-38 (a)).Read the full opinion on CourtListener →
Section 5-6-38 requires an appellee to file a notice of cross-appeal before challenging rulings adverse to it.
Chester v. Georgia Mutual Insurance · filed 1983-02-28
The question is whether the appellee may present enumerations of error concerning rulings adverse to it without filing a notice of cross-appeal. The cases cited above require a negative answer, and Southeast Ceramics, supra, is entirely inapposite.Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal within 30 days after entry of judgment; a late filing does not confer appellate jurisdiction absent a proper extension.
Newton v. K. B. Property Management of Georgia, Inc. · filed 1983-05-13
This court has no jurisdiction to entertain an appeal filed more than 30 days after the entry of the judgment appealed from, where no proper extension of time for filing has been granted. OCGA §§ 5-6-38, 5-6-39 (Code Ann. §§ 6-803, 6-804).Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal or a qualifying motion within 30 days of judgment to preserve appellate review.
Atlantic-Canadian Corp. v. Hammer, Siler, George Associates, Inc. · filed 1983-06-15
Since appellant filed neither a notice of appeal nor one of the motions specified in OCGA § 5-6-38 (Code Ann. § 6-803) within 30 days of the entry of the June 21 judgment, this court has no jurisdiction to review that judgment.Read the full opinion on CourtListener →
The time to file a notice of appeal is not extended by filing a motion for rehearing, reconsideration, or to vacate or set aside the judgment.
Dougherty County v. Burt · filed 1983-09-08(a)
It has repeatedly been held that the time for filing a notice of appeal in a case in which an otherwise final judgment has been entered is not extended by the filing of a motion for rehearing, motion for reconsideration, or motion to vacate or set aside.Read the full opinion on CourtListener →
Section 5-6-38 requires an appeal within 30 days of a sentence’s rendition; a sentence not appealed within that period cannot later be attacked.
Beeks v. State · filed 1984-01-12
The February, 1982, sentence was not appealed within 30 days of its rendition (see OCGA § 5-6-38 (Code Ann. § 6-803)) and may not now be attacked.Read the full opinion on CourtListener →
Section 5-6-38 requires an appeal within 30 days of the sentence’s rendition; a sentence not timely appealed may not be attacked later.
Beers v. State · filed 1984-01-12
The February, 1982, sentence was not appealed within 30 days of its rendition (see OCGA § 5-6-38 (Code Ann. § 6-803)) and may not now be attacked.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after an order denying a motion for a new trial, unless the time is lawfully extended.
Westerfield v. State · filed 1984-01-13(a)
Absent a lawful extension of time, a notice of appeal must be filed within 30 days after the entry of an order denying a motion for a new trial.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the judgment being appealed.
Smith v. Wood · filed 1985-05-21(a)
We also note that appellant’s notice of appeal was timely only as it related to the denial of the motion to set aside the judgment and not to the judgment itself, since the latter had been entered more than 30 days before the notice of appeal was filed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of judgment; a motion that merely seeks reconsideration does not extend that deadline.
Miller v. Bank of the South, N.A. · filed 1985-10-23(a)
A party must file a notice of appeal within 30 days after the entry of the judgment about which he complains, unless a motion for new trial, motion in arrest of judgment, or a motion for judgment notwithstanding the verdict has been filed. ... The motion was nothing more than a request for a reconsideration of the trial court’s summary judgment award. ... Accordingly, the motion did not extend the time for the filing of a notice of appeal from the April 5, 1985, order granting plaintiff’s motion for summary judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of judgment.
Carpets 'n Colors, Inc. v. Hollycraft Carpets, Inc. · filed 1986-01-22(a)
It appearing that the notice of appeal in this case was not filed within 30 days after entry of the judgment appealed from, as required by OCGA § 5-6-38 (a), and that no extension of time was sought or obtained from the trial court, the appeal is hereby dismissed.Read the full opinion on CourtListener →
Section 5-6-38 allows 30 days from the final dispositional hearing to file a notice of appeal in a juvenile delinquency case.
In the Interest of G. G. · filed 1986-02-03
Notice of appeal therefrom was filed on March 19, which was within 30 days of the final dispositional hearing in accord with OCGA § 5-6-38. Consequently, the State's motion to dismiss it as untimely is denied.Read the full opinion on CourtListener →
Section 5-6-38(a)’s deadline for filing a notice of appeal is not extended by a motion to reconsider an appealable judgment.
Guthrie v. D. L. Claborn Buick/Opel, Inc. · filed 1986-07-16(a)
A motion to reconsider an appealable judgment does not extend the time for filing a notice of appeal.Read the full opinion on CourtListener →
Section 5-6-38 requires a timely appeal for review of a final order.
VANGUARD INSURANCE COMPANY v. Beasley · filed 1983-07-12
Although final orders of the trial court in the previous trial are addressed in the enumerations of error, these judgments were not timely appealed (OCGA § 5-6-38 (Code Ann. § 6-803)), and we are concerned only with the trial court’s order in the second trial wherein appellants’ motion to dismiss was denied.Read the full opinion on CourtListener →
Timely filing of a notice of appeal under subsection (a) is required to confer appellate jurisdiction.
McKinney v. State · filed 1988-06-08(a)
Timely filing of a notice of appeal in compliance with OCGA §§ 5-6-38 (a) and 5-6-39 is essential to confer jurisdiction.Read the full opinion on CourtListener →
Section 5-6-38 (a) requires a notice of cross-appeal to bring an adverse ruling before the appellate court.
Ga. Mut. Ins. Co. v. Southern Gen. Ins. Co. · filed 1986-11-17(a)
Although appellee filed an enumeration of error and a brief in which it denoted itself as cross-appellant, appellee never filed a notice of cross-appeal as required by OCGA § 5-6-38 (a) and Rule 33 of the Rules of the Court of Appeals, and no such cross-appeal was docketed in this court. Accordingly, the correctness of the trial court's ruling adverse to appellee was not before this court and was not considered.Read the full opinion on CourtListener →
A party must file a notice of cross-appeal to obtain review of a trial court ruling adverse to it.
Georgia Mutual Insurance v. Southern General Insurance · filed 1986-11-17(a)
Although appellee filed an enumeration of error and a brief in which it denoted itself as cross-appellant, appellee never filed a notice of cross-appeal as required by OCGA § 5-6-38 (a) and Rule 33 of the Rules of the Court of Appeals, and no such cross-appeal was docketed in this court. Accordingly, the correctness of the trial court’s ruling adverse to appellee was not before this court and was not considered.Read the full opinion on CourtListener →
Section 5-6-38 gives a party 30 days after entry of an appealable judgment to file a notice of appeal; the party need not file immediately to avoid mootness from enforcement of the judgment.
State of Ga. v. Vurgess · filed 1987-04-03
It is taken by filing a notice of appeal within 30 days after entry of the appealable decision or judgment. OCGA § 5-6-38. ... There is no requirement in the condemnation statute nor in the Appellate Practice Act for the losing party to file the notice of appeal immediately upon the entry of the judgment or suffer the possibility of mootness.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a filed notice of cross appeal; calling part of a brief a cross appeal does not suffice.
Life Insurance Company of Georgia v. Helmuth · filed 1987-04-13(a)
Although appellee denominates one section of her brief a “cross appeal,” the record reveals that no Notice of Cross Appeal was ever filed. We therefore need not address this contention.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.
Attwell v. Lane Co. · filed 1987-04-23(a)
Any consideration of these enumerations is untimely in this appeal since the notice of appeal that is the basis for this appeal was filed on July 25, 1986, well ... beyond the 30-day period in which a notice of appeal from the April 18 order had to be filed. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after final judgment; timely filing is jurisdictional even in criminal cases.
Rimes v. State · filed 1987-04-28(a)
The requirement of a timely filed notice of appeal is jurisdictional, even as to criminal cases, and, absent an extension, upon the failure to file such notice within 30 days after a judgment becomes final the appeal must be dismissed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment.
Sharp v. State · filed 1987-07-13(a)
"This article" includes OCGA § 5-6-38, which clearly and unambiguously sets forth that "notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of; ..."Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal to be filed within 30 days of the order appealed from.
In the Interest of C. S. M. · filed 1987-09-09
Within 30 days thereafter, appellant neither filed a notice of appeal pursuant to OCGA § 5-6-38, nor sought an extension of time for filing a notice of appeal pursuant to OCGA § 5-6-39. ... No viable extension of the 30-day period within which appellant was otherwise required to file his notice of appeal has ever been granted in this case.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of cross appeal before an appellate court can consider an appellee’s challenge to a ruling against it.
CHATHAM COUNTY HOSPITAL AUTHORITY v. Ross · filed 1987-10-02(a)
However, the record shows that no notice of cross appeal was filed by appellee, and we are therefore without jurisdiction to consider these arguments.Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment.
Willis v. State · filed 1988-02-15(a)
OCGA § 5-6-38 requires that a notice of appeal be filed "within 30 days after entry of the appealable decision or judgment complained of . . ." (No motion of a type which would toll the running of the 30-day period was filed in the case sub judice.) OCGA § 5-6-39 (c) permits only one extension of time for filing of a notice of appeal "and the extension shall not exceed the time otherwise allowed for the filing of the notices initially." Accordingly, the superior court did not err in dismissing the underlying appeal from its order of February 27, 1987.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within thirty days after entry of an appealable decision or judgment.
In re Doe · filed 1988-09-06(a)
OCGA § 5-6-38 (a) requires a notice of appeal to be filed within thirty days after entry of an appealable decision or judgment. ... The record shows that Kirk’s notices of appeal filed on November 19, 1987, and January 25, 1988, were not timely filed.Read the full opinion on CourtListener →
A notice of appeal filed after an order allowing an out-of-time appeal must meet the 30-day filing deadline.
Aldridge v. State · filed 1988-10-06(a)
Although OCGA § 5-6-38 (a) provides that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of,” a criminal defendant may be permitted to file an out-of-time appeal when trial counsel fails to file an appeal despite being requested to do so. ... Nevertheless, appellant’s subsequently-filed notice of appeal was untimely because it was filed seventy-eight days after entry of the order allowing his out-of-time appeal.Read the full opinion on CourtListener →
Section 5-6-38 precludes appellate review of alleged errors in rulings after the time to appeal them has passed.
Parks v. Gwinnett County · filed 1989-03-06
We are faced with the fact that appellant never appealed the March 15 judgment of the court in the earlier case, nor the order filed December 28, 1987 in the present case. Therefore, this court is precluded from considering any alleged errors in either of those rulings because the time for appeal has passed.Read the full opinion on CourtListener →
A proper motion for judgment notwithstanding the verdict tolls the time for all appellants to file a notice of appeal.
LDS Social Services Corp. v. Richins · filed 1989-04-28(a)
Accordingly, the motion JNOV would toll the time in which all appellants could file their notice of appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) provides no separate basis for tolling the time to appeal in juvenile court.
In the Interest of JO · filed 1989-05-10(a)
A & D Barrel, supra, was based on the wording of OCGA § 5-6-38 (a) and gives no separate basis for tolling in the juvenile court context.Read the full opinion on CourtListener →
A notice of appeal filed within 30 days after the order allowing an out-of-time appeal is filed is timely.
Davis v. State · filed 1989-06-21(a)
A notice of appeal filed within 30 days of the filing of the order allowing an out-of-time appeal is timely.Read the full opinion on CourtListener →
Subsection (a) provides a 30-day period for filing a direct appeal from a summary judgment order.
Chem Tech Finishers, Inc. v. Paul Mueller Co. · filed 1988-11-18(a)
As this appeal was filed within 30 days of entry of the order granting summary judgment to Mueller, see OCGA § 5-6-38 (a), we grant Mueller’s motion to dismiss Dalton’s appeal in this case.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment.
Smith v. Hobbs · filed 1989-11-09(a)
Appellant’s original notice of appeal, filed December 19, 1988, was not filed within 30 days of the February 27, 1987, judgment of which appellants sought review. Even if a motion for rehearing extended the time for filing a notice of appeal (but see OCGA § 5-6-38 (a)), appellant’s original notice of appeal was not filed within 30 days of June 28, 1988, the date of the denial of appellants’ motion for rehearing.Read the full opinion on CourtListener →
A notice of direct appeal filed within 30 days of a clarifying order that reissues a final judgment for a limited purpose is timely.
Nodvin v. West · filed 1990-09-12
As notice of direct appeal was filed within 30 days of the filing of the clarifying order, which reissued for a limited purpose the partial summary judgment that was certified as final under OCGA § 9-11-54 (b), it is timely.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days unless the filing period is duly extended.
Pinkney v. Union · filed 1991-04-08(a)
Plaintiff having failed to satisfy his burden to file his notice of appeal within the 30-day period provided under OCGA § 5-6-38 (a) or within an extension of that period duly authorized under OCGA § 5-6-39, plaintiff’s appeal must be dismissed.Read the full opinion on CourtListener →
Section 5-6-38 does not allow a petition for rehearing to extend the time for filing a notice of appeal.
Stirling v. State · filed 1991-06-05
A petition for rehearing is not one of the three statutory motions identified in OCGA § 5-6-38 which will extend the time for filing a notice of appeal.Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal from a final appealable order to be filed within 30 days; an untimely notice leaves the appellate court without jurisdiction over that order.
In the Interest of B. N. P. · filed 1994-08-15
The Department of Human Resources has moved for dismissal of the appeal from the termination order on the basis that the notice of appeal was not filed within 30 days of the final appealable order terminating appellants’ parental rights as required by OCGA § 5-6-38. Since the record shows that the notice of appeal was not filed until almost three months had expired after entry of the final termination order, we lack jurisdiction to consider the appeal from the termination order and the Department’s motion to dismiss must be granted.Read the full opinion on CourtListener →
Section 5-6-38(a) requires an appeal from a final judgment to be filed within 30 days of entry; an untimely appeal leaves the appellate court without jurisdiction.
Watson v. City of Atlanta · filed 1996-04-02(a)
Under OCGA § 5-6-38 (a) the plaintiffs were required to file their appeal of that judgment within 30 days of its entry. Because they did not do so we have no jurisdiction to consider this appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a direct appeal to be filed within 30 days of judgment; an extraordinary motion for new trial cannot revive an untimely direct appeal.
Balkcom v. State · filed 1997-07-15(a)
To do otherwise would thwart the legislative intent expressed in OCGA § 5-6-38(a) by allowing direct appeals of judgments entered more than 30 days before the notice of appeal was filed.Read the full opinion on CourtListener →
A notice of appeal from a guilty plea is untimely if filed more than 30 days after the plea, even if filed within 30 days after denial of a motion for new trial.
Veal v. State · filed 1994-02-02(a)
Accordingly, the notice of appeal filed on November 3, 1993, was untimely as to the guilty plea entered on July 26, 1993, and this appeal must be dismissed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires an appeal to be filed within 30 days after the order is entered.
Stevens v. State · filed 1994-12-02(a)
First, the appeal from that order is untimely because it was not filed within 30 days after the order was entered. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38 requires a notice of appeal within 30 days of a directly appealable juvenile court transfer order.
Rivers v. State · filed 1997-10-07
An order transferring a case from juvenile to superior court pursuant to OCGA § 15-11-39 is a final order and directly appealable. ... Rivers did not file a notice of appeal within 30 days of that decision. OCGA § 5-6-38.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a timely notice of appeal from a final order for appellate review of that order.
Hussey v. Chatham County · filed 1998-01-12(a)
The trial court denied the statutory claim for fees in an October 16, 1996 final order from which appellants did not file a notice of appeal and declined to rule on appellants’ informal request for fees under the authority of the Enabling Act which was not filed until after the final order which is the subject of this appeal. Accordingly, we are without jurisdiction to consider this enumeration of error.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment.
Grovnor v. Board of Regents of University System · filed 1998-03-11(a)
OCGA § 5-6-38 (a) provides that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of. . . .” ... As set out above, Grovnor did not file her motion for extension of time until almost three months after entry of the dismissal. Accordingly, the trial court did not err in denying Grovnor’s motion for an extension of time in which to file her notice of appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after judgment; the motions to modify or correct the sentence did not extend or toll that deadline.
Syms v. State · filed 1998-05-08(a)
Neither motion extended or tolled the time for filing a notice of appeal. ... Accordingly, we dismiss Syms’ appeal as untimely because he failed to file his notice of appeaf within 30 days after entry of the judgment as required by OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of the order being appealed; a later notice does not confer appellate jurisdiction to review that order.
Rehberger v. State · filed 1998-05-20(a)
The January 8, 1998 notice of appeal was filed more than 30 days after the June 19, 1997 order denying defendant’s first motion for supersedeas bond pending motion for new trial and appeal and so is ineffective to confer appellate jurisdiction to consider the correctness of that ruling. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a timely notice of appeal from the order being appealed.
Thierman v. Thierman · filed 1998-09-30(a)
The attempted direct appeal on June 26, 1998, from the March 31, 1998 order of the probate court is untimely under OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38 requires an appeal within 30 days; failure to appeal a juvenile court transfer order within that period waives appellate review of the transfer.
Cox v. State · filed 2000-01-28
Because Cooper failed to appeal the transfer to superior court within 30 days, he waived appellate review of this issue.Read the full opinion on CourtListener →
A defendant who appeals directly after receiving an out-of-time appeal order must file a notice of appeal in the court of conviction within 30 days of that order.
Bodiford v. State · filed 1999-05-04(a)
Thus, if the petitioner elects to directly appeal from his complained of conviction and sentence instead of pursuing a motion for new trial, he must file a notice of appeal with the trial court in the county of his conviction within 30 days of the order granting the out-of-time appeal. OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal from a criminal conviction must be filed within 30 days of the entry of judgment.
Brasuell v. State · filed 2000-03-16(a)
A notice of appeal must be filed from a criminal conviction within 30 days of the entry of judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a direct appeal from a court’s alteration of a jury verdict to be filed within 30 days after final resolution of the matter.
Three Crowns Antiques, Ltd. v. Jerrell · filed 2000-06-13(a)
Assuming the other jurisdictional requirements are met, the proper procedure for a direct appeal of a court’s interference with a jury verdict under OCGA § 51-12-12 (b) is to appeal within 30 days from the final resolution of the matter. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38 gives either party in a civil case 30 days after entry of an appealable judgment to file a notice of appeal.
Board of Com'rs of Atkinson County v. Guthrie · filed 2000-10-02
The Appellate Practice Act gives either party in any civil case the right to appeal from any judgment of the court by filing a notice of appeal within 30 days after entry of the appealable decision or judgment.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; without that filing, the appellate court cannot review the order.
In the Interest of S. C. · filed 2001-03-28(a)
Appellant, however, never filed a notice of appeal with regard to the original deprivation order. OCGA § 5-6-38 (a) provides that a “notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of.” Appellant failed to make the required filing with regard to the deprivation order, and therefore, this Court has no jurisdiction to consider appellant’s arguments regarding the efficacy of this ruling.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.
Johnson v. State · filed 2003-02-05(a)
Thus, the notice of appeal was filed within 30 days after entry of an appealable judgment as required by OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after judgment; a transcript request made nearly eight months after conviction cannot have prevented a timely direct appeal.
Pearson v. State · filed 2004-02-12(a)
But he further stated in his motion that he first attempted to obtain a copy of the transcript on April 21,1998, which was nearly eight months after his guilty plea and conviction. Thus, even if we assume, without deciding, that his trial counsel somehow acted improperly in not giving Pearson a copy of the transcript when he asked for it, such impropriety in no way frustrated Pearson’s right of appeal since the time for a direct appeal had long since passed.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the ruling being challenged; a later order that merely refers to that ruling does not restart the period.
In the Interest of I. S. · filed 2004-06-07(a)
In this case, the judgment complained of is the trial court’s finding of deprivation entered on May 8, 2003, not the trial court’s July 18, 2003 ruling that the DFACS case against appellants should be closed. Accordingly, pursuant to OCGA § 5-6-38 (a), appellants should have filed a notice of appeal within 30 days of the May 8, 2003 order.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the judgment.
Bailey v. McNealy · filed 2006-03-02(a)
To the extent the plaintiffs argue that the trial court erred in dismissing the ejectment action, the record does not show that they timely and properly appealed from the dismissal order. The plaintiffs filed the notice of appeal in this case over two months after the dismissal order, and the notice of appeal states only that they were appealing from the award of attorney fees. Accordingly, we lack jurisdiction to review the dismissal order.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days of an appealable order to challenge that order or its findings.
Nelson v. Haugabrook · filed 2006-11-15(a)
Accordingly, to contest in an appeal either the dismissal of his 1998 action under OCGA §§ 9-2-60 and 9-11-41 (e) or the underlying findings, Nelson should have filed a notice of appeal within 30 days of the filing of that order.Read the full opinion on CourtListener →
Section 5-6-38 gives a defendant 30 days to take a direct appeal from an appealable sentence.
United States v. Miller · filed 2006-01-11
Hence, Miller was entitled to appeal his conviction as of the date of his sentence, February 12, 1986. See Ga. Code Ann. § 5-6-34. The time for doing so expired 30 days later, on March 12, 1986. Ga. Code Ann. § 5-6-38.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment being appealed; missing that deadline bars appellate review of the judgment.
Kappelmeier v. HSBC USA, Inc. · filed 2006-07-10(a)
Pursuant to OCGA§ 5-6-38, the notice of appeal must be filed within 30 days after the entry of the judgment about which the appellant complains. Here, Kappelmeier’s failure to file a timely appeal as to the trial court’s first two final orders is fatal to his arguments on appeal regarding those two orders.Read the full opinion on CourtListener →
Section 5-6-38(a) requires an appellee in a civil case to file a notice of cross appeal within 15 days after service of the appellant’s notice of appeal to obtain review of the appellee’s claims.
Jackson v. Jackson · filed 2007-09-24(a)
Although appellee Ronnie Jackson, pro se, asks this Court to “grant his requested relief in his brief for the discretionary appeal from the Superior Court’s rulings,” he filed neither a separate application for discretionary appeal nor a timely notice of cross appeal to Wife’s notice of appeal. See OCGA § 5-6-38 (a) (in civil cases, appellee may institute cross appeal by filing notice thereof within 15 days from service of notice of appeal by appellant). Accordingly, his arguments are not properly before this Court.Read the full opinion on CourtListener →
Section 5-6-38 allows 30 days to appeal an adverse ruling.
Day v. Hall · filed 2008-05-29
Pursuant to Ga. Code Ann. § 5-6-38, Day had 30 days to appeal an adverse ruling.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the judgment; filing a civil case disposition form does not delay that period.
GMC Group, Inc. v. Harsco Corp. · filed 2008-09-25(a)
OCGA § 5-6-38 (a) of the Appellate Practice Act mandates that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of. . . .” ... In other words, both former OCGA § 9-11-58 (b) and the current version describe when a judgment has been entered so as to be effective; they do not purport to describe when a judgment has been entered so as to trigger the 30-day appeal period under the Appellate Practice Act.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the decision or judgment.
Salas v. Pierce · filed 2008-10-23(a)
In Georgia, a notice of appeal must be filed within 30 days after the entry of the decision or judgment at issue. O.C.G.A. § 5-6-38(a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable decision or judgment.
Barnaby v. Scott · filed 2009-07-13(a)
Scott has filed a motion to dismiss this appeal, contending that it is untimely under OCGA § 5-6-38 (a), which provides, in pertinent part, that a notice of appeal must be filed within 30 days after entry of the appealable decision or judgment. ... Barnaby has timely appealed from this order.Read the full opinion on CourtListener →
Section 5-6-38(a) gives a party 30 days after entry of judgment to file a notice of appeal.
Price v. State · filed 2009-11-05(a)
As the trial court ruled, Price was required to file his motion for an extension of time to file a notice of appeal within the time period the motion seeks to extend, in this case, within 30 days of the judgment of conviction. 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[.]”); 5-6-39 (d) (“Any application to any court, justice, or judge for an extension [of time to file] must be made before expiration of the period for filing as originally prescribed or as extended by a permissible previous order.”). Because Price filed his motion outside of the applicable time period, it was untimely.Read the full opinion on CourtListener →
Section 5-6-38 requires a timely direct appeal; claims that were not timely appealed cannot be revived through an appeal from the denial of a motion to void the sentence.
Jones v. State · filed 2010-01-20
But Jones did ... not seek a timely direct appeal of these claims of error pursuant to OCGA § 5-6-38, and his motion to obtain an out-of-time appeal was denied. He cannot now revive these time-barred claims by including them in an appeal from the denial of his motion to void the sentence.Read the full opinion on CourtListener →
A notice of appeal filed within 30 days after the order disposing of a timely motion for judgment notwithstanding the verdict is timely.
Infinity General Insurance Co. v. Litton · filed 2011-03-17(a)
Infinity responds that its notice of appeal was timely because it was filed within 30 days of the trial court’s order on Infinity’s motion for judgment notwithstanding the verdict, which Infinity filed within 30 days of the entry of the judgment. ... We agree with Infinity that the notice of appeal was timely, and accordingly we deny Litton’s motion to dismiss.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of an appealable order.
Patel v. State · filed 2011-07-05(a)
On June 30,2010, the defendants filed an “Amended Notice of Appeal,” which added to the list of orders to be appealed, the June 24, 2010 orders. However, this amended notice of appeal was not within 30 days of an appealable order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order being appealed.
Erick v. State · filed 2012-08-16(a)
To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.
Pelman Blackshear, Jr. v. Cavalry Portfolio Services, Inc. · filed 2012-08-16(a)
A notice of appeal must be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Alley v. State · filed 2012-08-16(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.
In the Interest Of: T. N., a Child (Mother) · filed 2012-08-29(a)
To be timely, however, her notice of appeal had to have been filed within 30 days after entry of that order. See OCGA § 5-6-38 (a).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Dublin v. Bank of America, Na · filed 2012-08-30(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).Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.
Johnson v. State · filed 2012-09-12(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Because Johnson filed her notice of appeal 81 days after the trial court entered its order, the appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.Read the full opinion on CourtListener →
A motion for new trial that cannot properly challenge a grant of summary judgment does not extend the deadline for filing a notice of appeal.
In Re: Estate of Harriett Grey Nesbitt · filed 2012-09-14(a)
Accordingly, the beneficiaries’ motion for new trial did not extend their deadline for filing a notice of appeal.Read the full opinion on CourtListener →
A notice of appeal must be filed within 30 days after entry of the order appealed, and a motion for reconsideration does not extend that deadline.
Chin-Young v. Better Business Bureau of Metropolitan Atlanta, Inc. · filed 2012-09-14(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). Although Chin-Young had a right to appeal the trial court’s order granting summary judgment, he does not have the right to appeal the trial court’s denial of his motion for reconsideration. 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.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Dean v. Lopez · filed 2012-09-20(a)
OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal.Read the full opinion on CourtListener →
Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.
Coker v. State · filed 2012-09-24(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).Read the full opinion on CourtListener →
Notes 451–600 of 1,649, oldest cases first.
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