Statute Annotations › Georgia › Ga. Code Ann. § 5-6-38

Ga. Code Ann. § 5-6-38

Time for filing notice of appeal: the cases that interpreted this section

Jurisdiction
Georgia
Case notes
1,649
Cited in passing
263
Citing cases indexed
1,978
Case dates
1982–2026
Screened through
2026-06-25
Checked for later law changes
2026-10-19
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

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.

Have a situation under Ga. Code Ann. § 5-6-38?

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Thirty-day filing deadline

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

McGahee v. State · filed 2012-09-26(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. ... Here, McGahee’s notice of appeal was filed 43 days after entry of the order he seeks to appeal. Accordingly, we lack jurisdiction to consider McGahee’s appeal, which is hereby DISMISSED as untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Benashvili v. Grogan · filed 2012-09-26(a)

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

Terry v. State · filed 2012-10-01(a)

However, a notice of appeal must be filed within 30 days of the court’s entry of the order. See id.; see also OCGA § 5-6-38 (a).
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Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed from; a motion for reconsideration does not extend that deadline.

Sharpe v. Wells Fargo Home Mortgage · filed 2012-10-11(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). ... 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.
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A notice of appeal must be filed within 30 days of the order being appealed, and a motion for reconsideration does not extend that deadline.

Mika'll Ahmed El-Karif Bey v. Kufu Sutukh Ranub-El D/B/A Continental Mu'urish Yamassee Empire · filed 2012-10-11(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). Although the plaintiff had a right to appeal the trial court’s order granting judgment to the defendant, 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.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Kelvin D. Beard v. State · filed 2012-10-18(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).
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Smith v. State · filed 2012-10-19(a)

Moreover, this appeal is not timely. OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal.
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Subsection (a) requires a notice of appeal within 30 days after entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.

Dixon v. State · filed 2012-10-24(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). 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 the notice of appeal was filed 33 days after entry of the order on appeal, we lack jurisdiction. Accordingly, this appeal is hereby DISMISSED.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed from, and an untimely notice leaves the appellate court without jurisdiction.

In the Interest Of: C. P., a Child · filed 2012-10-24(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. “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317 (1) (454 SE2d 458) (1995). Because C. P. filed his notice of appeal 126 days after entry of the commitment order, this appeal is untimely and is therefore DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Dell Rice v. Latonya Rice · filed 2012-10-24(a)

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

Pasco v. State · filed 2012-10-24(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, Pasco’s notice of appeal was filed 38 days after entry of the order he seeks to appeal. Accordingly, we lack jurisdiction to consider Pasco’s appeal, which is hereby DISMISSED as untimely.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the order being appealed, and a motion for reconsideration does not extend that deadline.

Ross v. City of Milton · filed 2012-10-26(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), but Ross filed his notice of appeal 143 days after entry of the order dismissing his petition for certiorari. Although Ross sought reconsideration of that dismissal, a trial court’s denial of a motion for reconsideration is not itself appealable, and the filing of a motion for reconsideration does not extend the time for filing an appeal.
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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.

Oviedo v. Sanchez · filed 2012-11-05(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 Oveido filed her notice of appeal 70 days after the trial court entered its order, the appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Robert Stoney Worthy v. Georgia Department of Human Resources · filed 2012-11-06(a)

Additionally, even if a direct appeal were permissible here, Worthy’s appeal is untimely. OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order to be appealed. ... Worthy filed his notice of appeal 44 days after entry of the contempt order.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Nails v. State · filed 2012-11-06(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed.

Moore v. State · filed 2012-11-07(a)

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

Wyley v. State · filed 2012-11-09(a)

First, 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). ... Because Wyley failed to file a notice of appeal within 30 days of the entry of the order, his appeal is untimely.
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A notice of appeal must be filed within 30 days after entry of the appealable decision or judgment, and a motion for reconsideration does not extend that deadline.

Coyne v. the Roberts Law Firm Pc · filed 2012-11-16(a)

“A notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of . . . .” OCGA § 5-6-38 (a). A motion for reconsideration does not extend the time for filing a notice of appeal.
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A notice of appeal must be filed within 30 days after entry of an appealable order, and a motion for reconsideration does not extend that deadline.

McCants v. State · filed 2012-12-07(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. ... Here, the only order in the record from which the notice of appeal is timely is the October 4, 2012 order denying McCants’ motion for reconsideration, but 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.
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A notice of appeal must be filed within 30 days of entry of the order being appealed, and timely filing is required for appellate jurisdiction.

Stallings v. Meggitt, Inc. · filed 2012-12-20(a)

Second, even if a direct appeal were permissible here, Stallings’s appeal is untimely. OCGA § 5-6- 38 (a) requires that a notice of appeal be filed within 30 days of entry of the order to be appealed, and the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Jackson Holt Gray, Jr. v. State · filed 2013-01-10(a)

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

Lee-Bey v. State · filed 2013-01-11(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). 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). Lee-Bey filed his notice of appeal 90 days after the entry of the trial court’s order. Because Lee-Bey’s notice of appeal is untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days after entry of an appealable order.

Schweitzer v. State · filed 2013-01-14(a)

To be timely, a notice of appeal must be filed within 30 days after entry of an appealable order.
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A notice of appeal must be filed within 30 days after entry of the appealable order; a late notice does not confer appellate jurisdiction.

Little v. State · filed 2013-01-17(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rocha v. State, 287 Ga. App. 446 (1) (a) (651 SE2d 781) (2007). Because Little’s notice of appeal was filed more than 30 days after entry of the order he wishes to appeal, it is untimely. This appeal is therefore DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

Rowe v. State · filed 2013-01-30(a)

However, his notice of appeal is untimely as to that judgment. 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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Hervey v. State · filed 2013-01-30(a)

As to the October 24, 2012, order denying Hervey’s motion to set aside, we lack jurisdiction because Hervey filed his notice of appeal more than 30 days after that order was entered.
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A judgment entered on a settlement cannot be used to obtain review of earlier rulings when the notice of appeal is filed more than 30 days after those rulings.

O'Dell v. Mahoney · filed 2013-02-07

However, the judgment entered upon the settlement agreement cannot be used as a vehicle for obtaining appellate review of rulings entered by the trial court more than 30 days from the filing of the notice of appeal.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable decision; a motion to vacate or set aside does not extend that time.

Rashad v. Wells Fargo Bank, N. A. · filed 2013-02-07(a)

Although the grant of summary judgment is directly appealable, a notice of appeal must be filed within 30 days after entry of the appealable decision. OCGA § 5-6-38 (a). The filing of the motion to vacate or set aside did not extend the time to appeal the grant of the summary judgment.
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A notice of appeal must be filed within 30 days after entry of the appealable order; a notice filed on day 31 is untimely.

Hendrix v. State · filed 2013-02-07(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). Hendrix did not file his notice of appeal until 31 days after entry of the judgment he seeks to appeal. Accordingly, his appeal is hereby DISMISSED as untimely.
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A notice of appeal must be filed within 30 days after entry of the appealable order.

Roberts v. State · filed 2013-02-13(a)

First, 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 Roberts failed to file a notice of appeal within 30 days, his appeal is untimely.
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A notice of appeal must be filed within 30 days after entry of the appealable order; a notice filed after that deadline is untimely.

James v. State · filed 2013-02-15(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 James’s notice of appeal was filed more than 30 days after entry of the judgment he wishes to appeal, it is untimely.
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A motion for reconsideration does not extend the time to file a notice of appeal from the underlying judgment.

Casey v. Suntrust Bank · filed 2013-02-19(a)

To the extent Casey’s post-judgment motion was a motion for reconsideration, as the trial court found, it did not extend the time to appeal from the underlying judgment and the order resolving it is not subject to direct appeal. See Bell v. Cohran, 244 Ga. App. 510 (536 SE2d 187) (2000). Accordingly, Casey’s October 19 notice of appeal is untimely as to the May 14 judgment. See OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days after entry of the appealable order.

Kearney v. State · filed 2013-02-20(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed from.

Dereef v. State · filed 2013-02-20(a)

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

Smith v. State · filed 2013-02-21(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an untimely notice does not confer appellate jurisdiction.

Jones v. State · filed 2013-02-21(a)

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. Rocha v. State, 287 Ga. App. 446 (1) (a) (651 SE2d 781) (2007). Because Jones’s notice of appeal was filed more than 30 days after entry of the order he wishes to appeal, it is untimely. This appeal is therefore DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after the order is entered.

Haywood v. State · filed 2013-03-13(a)

Haywood’s notice of appeal is untimely as to both orders, because it was filed more than 30 days after they were entered.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed from; a motion for reconsideration does not extend that time.

Jordan v. Mosley · filed 2013-03-14(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 the Jordans had a right to appeal the order granting summary judgment to the defendants, they do not have the right to appeal the denial of their 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. See Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5) (1985). The Jordans’ notice of appeal is invalid as to the order denying their motion for reconsideration and untimely as to the summary judgment order. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days of the order appealed.

Johnston III v. State · filed 2013-03-14(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the order appealed; an untimely notice leaves the court without jurisdiction.

Timothy Daniel Clinton, Sr. v. State · filed 2013-03-25(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed. ... Because Clinton’s notice of appeal was untimely, we lack jurisdiction to consider his appeal.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.

East Coast Hotel Partners LLC v. Abua · filed 2013-04-01(a)

Second, the notice of appeal is untimely. An appeal must be filed within 30 days after the entry of an appealable judgment. See OCGA § 5-6-38 (a) and OCGA § 5-6-35 (d). The magistrate court’s order was entered on April 9, 2012, but the notice of appeal was not filed until 43 days later, on May 22, 2012.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.

Carter v. State · filed 2013-04-02(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Because Carter’s notice of appeal was filed approximately one year after entry of the order that he wishes to appeal, it is untimely.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order; timely filing is necessary to confer appellate jurisdiction.

Sprayberry v. State · filed 2013-04-02(a)

First, 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). Here, Sprayberry’s notice of appeal was not filed within 30 days of the order revoking his probation.
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A notice of appeal must be filed within 30 days of the order being appealed; an untimely notice leaves the appellate court without jurisdiction.

Lewis v. State · filed 2013-04-02(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed. “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317 (1) (454 SE2d 458) (1995). Because Lewis’s notice of appeal was untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed.

Clement v. State · filed 2013-04-04(a)

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

Ellis v. State · filed 2013-04-04(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.

Gary v. State · filed 2013-04-04(a)

Finally, the notice of appeal is untimely. The trial court entered its order on November 26, 2012, but Gary did not file his notice of appeal until January 28, 2013. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Litman v. Taylor · filed 2013-04-05(a)

In addition, a notice of appeal must be filed within 30 days after entry of the appealable order. ... Here, Litman failed to file his notice of appeal within 30 days of the order he seeks to appeal, and he failed to follow the required appellate procedure.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable judgment.

Lesman v. Law · filed 2013-04-05(a)

As a rule, “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of. . . .” OCGA § 5-6-38 (a). The Lesmans did not file a notice of appeal within 30 days after entry of the grant of summary judgment.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order appealed.

Knight v. State · filed 2013-04-05(a)

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

Williams v. State · filed 2013-04-05(a)

Williams’s notice of appeal is untimely as to the December 1999 judgment because it was filed more than 30 days after that judgment was entered. See OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days of the order being appealed.

William Donny Anderson, Jr. v. State · filed 2013-04-10(a)

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

Scott v. State · filed 2013-04-10(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed.
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A voluntary dismissal cannot be used to obtain review of an earlier ruling entered more than 30 days before the notice of appeal was filed.

Branch v. Dekalb County · filed 2013-04-10

However, the judgment entered upon her voluntary dismissal cannot be used as a vehicle for obtaining appellate review of rulings entered by the trial court more than 30 days from the filing of the notice of appeal.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Vaughn v. State · filed 2013-04-10(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).
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Section 5-6-38(a) requires a notice of appeal within 30 days after an appealable order; a motion for reconsideration does not extend that time.

Berry v. State · filed 2013-04-16(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... And the filing of such motion does not extend the time for appealing the underlying judgment – here, the dismissal of Berry’s motion to withdraw his guilty plea.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.

Ken Donaldson v. State · filed 2013-04-18(a)

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

John Kirk as Administrator of the Estate of Bryan Alexander Kirk v. Don Park (Usa) Limited Partnership · filed 2013-04-18(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order; a motion for new trial challenging summary judgment does not extend that deadline.

Pierre v. Rbs Citizens, N.A. · filed 2013-04-26(a)

However, a notice of appeal must be filed within 30 days after entry of the order. See OCGA § 5-6-38 (a). ... Accordingly, Pierre’s motion for new trial did not extend the time for filing the notice of appeal.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Tyrone L. Brown v. State · filed 2013-05-03(a)

Case No. A13A1340 is also untimely. The trial court entered its order on October 31, 2012, but Brown did not file his notice of appeal until December 21, 2012, which was 51 days later. See OCGA § 5-6-38 (a) (notice of appeal be filed within 30 days of entry of the order on appeal); Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997) (“The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon the appellate court.”) (Citation omitted).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Johnson v. Cach, LLC · filed 2013-05-13(a)

In addition, a notice of appeal must be filed within 30 days after entry of the appealable order.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable order; vacating and re-entering the same order does not restart that period.

St. Johns Five LLC v. Td Bank N.A. · filed 2013-05-17(a)

Pursuant to OCGA § 5-6-38 (a), appellant should have filed its notice of appeal within 30 days of the appealable order entered June 11, 2012. Appellant’s failure to do so deprives this Court of jurisdiction of this appeal, and the same is hereby DISMISSED.
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Section 5-6-38(a) makes a notice of appeal filed 300 days after judgment untimely when the filing deadline was not extended.

Gangasani v. Sugeidy Martinez, Surviving spouse/personal Representative, Estate of William Martinez · filed 2013-05-17(a)

Accordingly, the defendants’ notice of appeal, filed 300 days after entry of the judgment, is untimely. See OCGA § 5-6-38 (a).
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Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the appealed order; an untimely notice deprives the appellate court of jurisdiction.

Hamilton v. State · filed 2013-05-17(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. “[A] timely-filed notice of appeal is a jurisdictional prerequisite to a valid appeal.” Henderson v. State, 265 Ga. 317 (1) (454 SE2d 458) (1995). Because Hamilton’s notice of appeal was untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days after entry of the challenged decision.

Morris v. Hunt · filed 2013-05-17(a)

First, Morris’s notice of appeal is untimely, as it was filed 36 days after the January 10 order was entered. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged decision).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealed order; an untimely notice does not confer appellate jurisdiction.

Foskey v. State · filed 2013-05-17(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... His appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Magnolia Aranzazu v. State · filed 2013-05-21(a)

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

Bantu Ware v. State · filed 2013-05-21(a)

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

Carr v. State · filed 2013-05-22(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. ... Carr filed his notice of appeal 65 days after entry of the order he seeks to appeal. His appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Hubanks v. Hardrick · filed 2013-05-22(a)

First, OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal.
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A timely motion for new trial extends the time to appeal, but a motion filed when no trial or original evidence was taken does not.

Angelo Bernard Banks v. Georgia Department of Corrections · filed 2013-06-11(a)

Here, Banks filed a motion for new trial which, when timely filed, extends the time for filing an appeal. See OCGA § 5-6-38 (a). However, “[w]here a motion for new trial is not a proper vehicle for review of a trial court’s action, the motion has no validity and will not extend the time for filing the notice of appeal.” Pillow v. Seymour, 255 Ga. 683, 684 (341 SE2d 447) (1986). Generally, a party cannot move for new trial if no trial has been had. In this case, there was no trial or taking of original evidence, and Banks’s motion for new trial was in substance a mere motion for reconsideration.
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Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the appealed order; a timely notice is required for appellate jurisdiction.

Carter v. State · filed 2013-06-13(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.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealed order.

Butler v. State · filed 2013-06-24(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... Butler filed her notice of appeal 107 days after entry of the order she seeks to challenge. Her appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Peebles v. State · filed 2013-06-27(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. OCGA § 5-6-38 (a). ... Because Peebles’s notice of appeal was filed 37 days after entry of the order he wishes to appeal, it is untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the challenged decision.

Jenkins v. Arrow Financial Services, LLC · filed 2013-07-01(a)

Second, Jenkins’s notice of appeal was untimely, as it was filed five months 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).
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A notice of appeal must be filed within 30 days after entry of the order being appealed; filing within 30 days of a later order does not make an appeal from the earlier order timely.

Vennings v. Citimortgage, Inc. · filed 2013-07-09(a)

However, a notice of appeal must be filed within 30 days after entry of the order. See OCGA § 5-6-38 (a). ... Because Vennings and Rozier did not file a notice of appeal within 30 days after entry of the trial court’s grant of summary judgment, the appeal is untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Johnson v. State · filed 2013-07-10(a)

First, Johnson’s notice of appeal is untimely. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order.
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A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely filing does not confer appellate jurisdiction.

Y. Phillips v. State · filed 2013-07-11(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... However, because Phillips failed to file her notice of appeal within 30 days after entry of the order she seeks to challenge, this Court is without jurisdiction to consider this untimely appeal on the merits.
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A notice of appeal must be filed within 30 days after entry of the order; an untimely notice does not confer appellate jurisdiction.

James L. Lingo, Jr. v. Smith · filed 2013-07-16(a)

However, a notice of appeal must be filed within 30 days after entry of the order. See 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, Lingo filed his notice of appeal more than thirty days after entry of the order he wishes to appeal. His appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.

King v. State · filed 2013-07-26(a)

A notice of appeal must be filed within 30 days of the trial court’s entry of the order to be appealed. See id.; see also 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. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, however, King filed his notice of appeal 308 days after entry of the order he seeks to appeal. Accordingly, we lack jurisdiction to consider King’s appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days of the order appealed; an untimely notice leaves the appellate court without jurisdiction.

Weiss v. Ally Financial, Inc. F/K/A Gmac, Inc. · filed 2013-08-22(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 Weiss’s notice of appeal is untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Rlb Holdings, LLC v. Bank of the Ozarks · filed 2013-09-04(a)

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

Bajjani Service, Inc. v. Bank of the Ozarks · filed 2013-09-04(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.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; a motion for reconsideration does not extend that deadline.

Dobbs v. Crispin · filed 2013-09-05(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not directly appealable. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such motion does not extend the time for appealing the underlying judgment – in this case, the protective order. Id.
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A notice of appeal must be filed within 30 days of the appealable judgment; later administrative orders do not restart that period.

In Re: Estate of Harriett Grey Nesbit · filed 2013-09-13(a)

Thus, their instant appeal of the same summary judgment order was filed more than a year out of time. The beneficiaries may not now attempt to bootstrap a second appeal of the same summary judgment order to an improper appeal of any of the trial court’s later-issued orders.
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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.

Barton v. State · filed 2013-09-27(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of the order sought to be appealed. ... Because Barton’s notice of appeal was untimely, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed from.

All in One Mortgage & Financial, Inc. v. Comcast Cable Communications Management, LLC · filed 2014-04-17(a)

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

Sponsler v. Wachovia Bank, N. A. · filed 2013-10-01(a)

The 30-day period within which to file a proper, timely notice of appeal from the trial court’s April 29, 2013 final judgment expired on May 29, 2013.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable order.

Reed v. State · filed 2013-10-02(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order. ... Here, the trial court entered its order on March 27, 2013, and Reed filed his notice of appeal on May 1, 2013, which was 35 days later. Accordingly, his appeal is untimely and we lack jurisdiction to consider it.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Brown-Doonquah v. Royal Bros. Construction, LLC · filed 2013-10-08(a)

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

Serpentfoot v. Newby · filed 2013-10-09(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 Serpentfoot had a right to appeal the trial court’s June 17 order, her notice of appeal was filed 31 days after entry of that order.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Deangelo Love v. State · filed 2013-10-15(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).
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Preston v. State · filed 2013-10-18(a)

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

Thornton v. Kanlisi · filed 2013-10-22(a)

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

Barnhill v. State · filed 2013-10-23(a)

A notice of appeal must be filed within 30 days of the entry of a directly appealable order. OCGA § 5-6-38 (a); Rocha v. State, 287 Ga. App. 446 (1) (a) (651 SE2d 781) (2007). Although the order denying Barnhill’s motion for new trial was directly appealable, his notice of appeal was not filed until 366 days after the entry of that order.
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A notice of appeal must be filed within 30 days after an appealable order, and a motion for reconsideration does not extend that deadline.

In Re: Estate of Zora Helen Gainey · filed 2013-11-06(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not a directly appealable order, and the filing of such a motion does not extend the time for appealing the underlying judgment.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable order; an untimely notice leaves the appellate court without jurisdiction.

Merigildo-Oxlaj v. State · filed 2013-11-07(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 Merigildo-Oxlaj’s notice of appeal was not filed within 30 days of a directly appealable order, this appeal is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Murdaugh v. State · filed 2013-11-13(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).
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A notice of appeal must be filed within 30 days after entry of the appealable order; an untimely notice does not confer appellate jurisdiction.

Hypolite v. Court of Federal Claims · filed 2013-11-21(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 Hypolite did not file his notice of appeal until 61 days after entry of the order he seeks to appeal, his appeal is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of the appealable order.

Cotton v. State · filed 2013-11-21(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 Cotton did not file his notice of appeal until 86 days after entry of the order he seeks to appeal, his appeal is untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Livingston v. State · filed 2013-11-21(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order.
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A defendant has 30 days after entry of an order denying a motion for new trial to file a notice of appeal.

Hollis v. State · filed 2013-12-18(a)

If the motion is denied, the defendant may appeal by filing a notice of appeal within 30 days of entry of the order denying the motion. See OCGA § 5-6-38 (a). Hollis did not file a timely notice of appeal following the 2011 denial of his motion for new trial.
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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.

Grady R. Williams, Jr. v. State · filed 2013-12-20(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).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order; an untimely notice does not confer appellate jurisdiction.

Heath v. Synovus Bank · filed 2013-12-30(a)

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

Gordon v. State · filed 2014-01-09(a)

Gordon’s notice of appeal is untimely. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an untimely appeal must be dismissed.

Howard v. State · filed 2014-01-21(a)

First, to be timely, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a). ... Because Howard filed his notice of appeal 52 days after the order was entered, his appeal is untimely and must be dismissed.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; a motion for reconsideration does not extend that deadline.

Coyne v. Emc Mortgage Corporation · filed 2014-01-22(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not directly appealable. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such motion does not extend the time for appealing the underlying judgment – in this case, the dismissal order. Id. Coyne’s notice of appeal, therefore, is invalid as to the order denying her motion for reconsideration and untimely by 11 months as to the dismissal order.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; a motion for reconsideration does not extend that deadline.

Moore v. Richard J. Denning, Jr. · filed 2014-01-22(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not directly appealable. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such motion does not extend the time for appealing the underlying judgment – in this case, the dismissal order. Id.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

Sylas Estell Thomas Fields v. State · filed 2014-02-06(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Bogan v. State · filed 2014-02-07(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 Bogan did not file his notice of appeal until 35 days after entry of the order he seeks to appeal, his appeal is untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the judgment being appealed.

Biaso v. Jackson · filed 2014-02-07(a)

Second, the appeal is untimely. The trial court’s order was entered on February 5, 2013, yet Biaso did not file his notice of appeal until 43 days later, on March 20, 2013. OCGA § 5-6-38 (a), however, requires that a notice of appeal be filed within 30 days of entry of the judgment on appeal.
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A motion to set aside a summary judgment does not extend the 30-day deadline for filing a notice of appeal.

Anzo v. Wells Fargo Bank, N.A., Successor by Merger to Wachovia Bank, N.A. · filed 2014-02-25(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). Anzo, however, did not file a notice of appeal within 30 days after entry of the grant of summary judgment. Instead, he filed a motion to set aside and vacate the judgment. The filing of such a motion does not extend the time to appeal the grant of summary judgment.
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Section 5-6-38(a) sets a 30-day deadline for filing a notice of appeal; a notice filed after that deadline is untimely.

Randall Charles Sanders A/K/A Michael Coffey v. State · filed 2014-02-27(a)

And because Sanders’ counsel filed the “amended notice of appeal” after the 30-day time limit for filing a notice of appeal had passed, see OCGA § 5-6-38 (a), we cannot construe the amended notice as a timely filed notice of appeal.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.

Byrd v. State · filed 2014-02-27(a)

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

Williams v. State · filed 2014-03-06(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Williams filed her notice of appeal 225 days after entry of the order she seeks to challenge. Her appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of an appealable order, and a motion for reconsideration does not extend that deadline.

Corzo Trucking Corporation v. Bob West A/K/A Robert West · filed 2014-03-20(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). The denial of a motion for reconsideration is not directly appealable. Bell v. Cohran, 244 Ga. App. 510, 511 (536 SE2d 187) (2000). And the filing of such a motion does not extend the time for appealing the underlying judgment – in this case, the August 7 order. Id. Corzo’s notice of appeal, therefore, is invalid as to the order denying its motion for reconsideration and untimely as to the August 7 order.
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A notice of appeal filed more than 30 days after an order is filed with the judge is untimely, even if the clerk records the order the next day.

Miles v. Payne · filed 2014-03-26

Accordingly, the trial judge’s stamp filed date was not void, and Miles’s notice of appeal was untimely filed.
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Section 5-6-38 (a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.

Doyle v. Cannon · filed 2014-03-27(a)

First, to be timely, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Major A. Clark v. State · filed 2014-03-31(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).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order; an untimely notice does not confer appellate jurisdiction.

Gerard v. Federal National Mortgage Association · filed 2014-04-01(a)

A notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a). 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). Gerard filed his notice of appeal 94 days after entry of the order he seeks to challenge. This appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of an appealable order.

Thomas v. State · filed 2014-04-01(a)

First, to be timely, a notice of appeal must be filed within 30 days after entry of an appealable order. See OCGA § 5-6-38 (a). ... Here, Thomas filed his notice of appeal 83 days after the order was entered.
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Section 5-6-38(a) requires a timely notice of appeal from an order.

Isaac-John v. Gwinnett Hospital System, Inc. D/B/A Gwinnett Medical Centers · filed 2014-04-02(a)

But the plaintiffs never filed a timely notice of appeal from the January 31, 2013 or April 10, 2013 orders, as required by OCGA § 5-6-38 (a), and out-of-time appeals are not permitted in civil cases.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

Chandler v. State · filed 2014-04-02(a)

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

Brown v. Brown · filed 2014-04-03(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a).
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Section 5-6-38(a) sets a 30-day deadline for filing a notice of appeal; an amended notice filed after that deadline cannot be treated as timely.

Wadley v. State · filed 2014-04-04(a)

And because Wadley’s counsel filed the “amended notice of appeal” after the 30-day time limit for filing a notice of appeal had passed, see OCGA § 5-6-38 (a), we cannot construe the amended notice as a timely filed notice of appeal.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order appealed.

Davis v. Jaffe · filed 2014-04-04(a)

Second, Davis’s appeal is untimely. A notice of appeal must be filed within 30 days after entry of the order to be appealed. OCGA § 5-6-38 (a).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed; timely filing is required for appellate jurisdiction.

Pressley v. State · filed 2014-04-18(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.
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A notice of appeal must be filed within 30 days after entry of an appealable order.

Woods v. City of Rincon · filed 2014-04-22(a)

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

Hitz v. First Horizon · filed 2014-04-29(a)

Because Hitz did not file his notice of appeal within 30 days of final judgment, we lack jurisdiction to entertain this appeal, which is hereby DISMISSED.
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Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order, and timely filing is necessary to confer appellate jurisdiction.

Thomas v. Rollins, Inc. D/B/A Orkin, Inc. · filed 2014-04-30(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order to be appealed, and the proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Favors v. State · filed 2014-05-01(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).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.

Clark v. State · filed 2014-05-01(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of entry of the order on appeal. ... Here, Clark filed his notice of appeal 34 days after entry of the order he seeks to appeal. His appeal is therefore untimely, and it is hereby DISMISSED for lack of jurisdiction.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Nyepah v. State · filed 2014-08-14(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable judgment.

Turner v. State · filed 2014-08-14(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Heaggins v. State · filed 2014-12-04(a)

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

In the Interest Of: H. G. and L. G., Children · filed 2016-06-15(a)

Because the parents’ notices of appeal were not filed within 30 days of the trial court’s March 18, 2016 final order, we lack jurisdiction over this untimely direct appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days after entry of the judgment being appealed.

Bradley v. State · filed 2016-11-21(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the judgment sought to be appealed. See OCGA § 5-6-38 (a). ... Here, because Bradley filed his notice of appeal more than three years after entry of the judgment he seeks to appeal, and the record does not contain any ruling from the trial court on his motion for an out-of-time appeal, his appeal is untimely.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Joslin v. State · filed 2018-03-15(a)

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

Hargrove v. State · filed 2018-03-15(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). 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). Pretermitting whether a direct appeal may lie from the trial court’s December 20 order, Hargrove’s notice of appeal is untimely, as it was filed 33 days after entry of the order.
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A notice of appeal must be filed within 30 days of entry of the order being appealed.

Acree v. Warden Marty Allen · filed 2018-03-20(a)

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

Barnett v. Hiram Police Department · filed 2018-04-05(a)

Second, even if a direct appeal was authorized, these appeals are untimely. 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).
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Smith v. State · filed 2018-04-05(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of the order being appealed.

Michael Lane Brewer v. J. Wade Padgett, Judge · filed 2018-04-20(a)

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

Lester L. Smith, Sr. v. Smith · filed 2018-04-20(a)

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

Howard v. Jones · filed 2018-04-20(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. Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012). Howard’s notice of appeal was untimely filed 34 days after entry of the order he seeks to appeal. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38 (a) requires an appeal from a criminal conviction to be filed within 30 days after entry of the order finally disposing of a motion for new trial.

MCCURLEY v. the STATE. · filed 2018-05-22(a)

Pursuant to OCGA § 5-6-38 (a), any appeal from a judgment of conviction in a criminal case must be filed within 30 days after the entry of the order finally disposing of the motion for new trial.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of an appealable order.

Hayes v. State · filed 2018-06-26(a)

Hayes’s notice of appeal was untimely. A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days after entry of an appealable order; a response to the trial court’s judgment does not extend that deadline.

Hollis v. Value Village · filed 2018-06-26(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a); § 5-6-35. ... We note that Hollis’s filing of a response to the trial court’s judgment did not extend the time to file a notice of appeal.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an untimely notice does not confer appellate jurisdiction.

McRae v. Alice Renee Wooten Lester · filed 2018-06-26(a)

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). Here, McRae filed her notice of appeal more than 30 days after the trial court’s August 18, 2015 final order and more than 30 days after the trial court’s December 12, 2017 order.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment.

Solomon v. Solomon · filed 2018-06-26(a)

A notice of appeal must be filed within 30 days of the entry of the order sought to be appealed. ... Accordingly, because Lisa Solomon failed to file a notice of appeal within 30 days of the entry of the appealable judgment entered against her, the appellee’s motion to dismiss is GRANTED and this untimely appeal is hereby DISMISSED for lack of jurisdiction.
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Notes 601–750 of 1,649, oldest cases first.

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