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No reviewed case has held this section invalid, preempted, superseded or repealed.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

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

Chesnut v. Capitol City Bank & Trust · filed 2018-06-28(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, Chesnut filed his notice of appeal more than 30 days after the trial court ruled on his motions to vacate. 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 an appealable order.

Zeigler v. State · filed 2018-07-19(a)

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

Sedlacek v. State · filed 2018-07-19(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 an appealable order; a late filing does not confer appellate jurisdiction.

Parson v. State · filed 2018-07-19(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, Parson filed his notice of appeal 36 days after the trial court denied his motion to vacate.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Romero-Alvarez v. State · filed 2018-07-19(a)

To be timely, a notice of appeal must be filed within 30 days of entry 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 the order appealed; a later notice is untimely.

Eden v. State · filed 2018-07-19(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Because Eden filed his notice of appeal 32 days after entry of the trial court’s order, 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 trial court’s order.

Xavier K. Snelson, Sr. v. Jimmie H. Brown, Judge · filed 2018-07-19(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).
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A notice of appeal must be filed within 30 days; a pro se notice filed while the appellant is represented is a nullity and does not satisfy that deadline.

Preston v. State · filed 2018-07-31(a)

However, although Preston filed a pro se notice of appeal within the 30 days prescribed by OCGA § 5-6-38 (a), such filing was a legal nullity as the record does not demonstrate that Preston was unrepresented when he made the pro se filing. ... Thus, even though Preston had the right to pursue a direct appeal from the June 7, 2017 order, pursuant to Soberanis, he did not timely file a notice of appeal.
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Subsection (a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.

Durham v. Gregory C. Dozier, Commissioner · filed 2018-08-02(a)

Second, the appeal is untimely. A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days after entry of the trial court order being appealed.

Wooten v. State · filed 2018-08-13(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). ... Wooten’s notice of appeal was untimely filed 35 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 a notice of appeal to be filed within 30 days after entry of the order appealed from.

Leslie v. State · filed 2018-08-13(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 October 2016 notice of appeal filed by Daniel is untimely, as it was filed 114 days after entry of the order denying Leslie’s motion for a new trial.
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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.

Boyce v. Mull · filed 2018-08-13(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Further, 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. ... Thus, Boyce’s appeal is untimely and 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.

Parker v. State · filed 2018-08-13(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 to be filed within 30 days after entry of the appealable order.

Hindman v. State · filed 2018-08-13(a)

Second, 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; a later filing is untimely.

Melendez v. State · filed 2018-08-13(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Because Melendez filed his notice of appeal 39 days after entry of the trial court’s order, his appeal is untimely.
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Subsection (a) requires a notice of appeal to be filed within 30 days after entry of the order being appealed.

Pierce v. State · filed 2018-08-13(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).
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Bradley v. State · filed 2018-08-27(a)

Pretermitting whether a direct appeal may lie from the trial court’s November 22 order, a notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Geiger v. State · filed 2018-08-27(a)

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

In Re Estate of Alana Champion Chavez · filed 2018-08-27(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). ... To the extent that Sergio Chavez seeks to appeal the probate court’s order admitting Alana Chavez’s will to probate, this appeal is untimely, as it was filed 223 days after that order. See OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days of entry of the order appealed from.

Rodriguez v. State · filed 2018-08-27(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Rodriguez’s notice of appeal is untimely, as it was filed 83 days after entry of the order he seeks to appeal.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable decision.

Cherie Long v. Duane P. Truex, II · filed 2018-08-27(a)

Moreover, a notice of appeal must be filed within 30 days of the entry of the appealable decision. 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 trial court’s order.

Romero v. State · filed 2018-08-28(a)

First, Romero’s notice of 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). ... Here, Romero filed his notice of appeal 32 days after the trial court entered its order.
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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.

Pleas v. State · filed 2018-09-07(a)

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

Allen v. State · filed 2018-09-07(a)

OCGA § 5-6-38 (a) provides, in relevant part, that a notice of appeal must be filed within 30 days of 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 appealed.

Lewis v. State · filed 2018-09-07(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 to be filed within 30 days after entry of the order being appealed.

Lucilla Rose Harrell v. State · filed 2018-09-07(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Pretermitting whether a direct appeal was available from the trial court’s March 21 order, Harrell’s notice of appeal is untimely, as it was filed 48 days after the order was entered. Consequently, we lack jurisdiction over 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.

Thompson v. State · filed 2018-09-13(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Thompson’s notice of appeal is untimely, as it was filed 36 days after entry of the order denying his motion for an out-of-time appeal.
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Section 5-6-38(a)'s deadline for filing a notice of appeal continues to run even when the defendant does not receive mandatory notice of the judgment.

GONZALEZ v. the STATE. · filed 2018-09-19(a)

Because the absence of mandatory notice did not in itself extend the time for filing a notice of appeal, the time for appeal continued to run.
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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.

Buchanan v. State · filed 2018-09-26(a)

First, Buchanan’s appeal is untimely. A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Here, Buchanan’s notice of appeal was filed 35 days after the entry of the trial court’s order.
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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.

Rattery v. State · filed 2018-09-26(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, Rattery’s notice of appeal was filed more than 30 days after the entry of his judgment of conviction and the denials of his motions for an out-of-time motion for new trial. Thus, Rattery’s notice of appeal is untimely as to these orders.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Howard W. Clyde, Jr. v. State · filed 2018-09-26(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Clyde’s notice of appeal, filed 45 days after entry of the order denying his “Motion to Correct a Clerical Error,” was untimely.
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A notice of appeal must be filed within 30 days after entry of the trial court’s order.

Dwayne Ladexter Meadows v. Georgia Department of Pardons and Paroles · filed 2018-09-26(a)

We lack jurisdiction to entertain Case No. A19A0234 for the additional reason that the notice of appeal was not timely filed. A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a).
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A notice of appeal must be filed within 30 days after entry of the trial court’s order; a motion for reconsideration does not extend that time.

Boyce v. Mull · filed 2018-10-17(a)

As explained in the order dismissing Case No. A18A2096, 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). 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). Boyce file her notice of appeal more than 30 days after the entry of the trial court’s order dismissing her case. Accordingly, we have no jurisdiction to consider an appeal from the trial court’s order.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Major v. State · filed 2018-10-17(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Major’s notice of appeal is untimely, as it was filed 34 days after entry of the order he seeks to 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 judgment or order being appealed.

Hall v. State · filed 2018-10-17(a)

A notice of appeal must be filed within 30 days of entry of the trial court judgment or order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Hall filed his appeal 38 days after the trial court entered the judgment. Therefore, this appeal is untimely and 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.

Steedley v. Gilbreth · filed 2018-10-17(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 appealable order.

Davenport v. State · filed 2018-10-17(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 judgment or order appealed from; timely filing is required for appellate jurisdiction.

Darryl W. Hicks v. Bus Stop Financial Corporation · filed 2018-10-17(a)

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

Acree v. Williams · filed 2018-10-19(a)

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

Randolph v. State · filed 2018-11-23(a)

However, 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 being appealed.

Mays v. State · filed 2018-12-10(a)

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

Jarius Jermill Ware v. State · filed 2018-12-19(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Ware’s notice of appeal is untimely, as it was filed 34 days after entry of the trial court’s order. Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38 gives a party 30 days after disposition of a timely motion in arrest of judgment to file a notice of appeal.

Laney v. State · filed 2018-12-19

The trial court denied appellant’s motion in arrest of judgment on August 31, 2018, but it appears appellant did not receive a copy of that order until October 2, 2018, at which point the statutory 30-day period for filing a notice of appeal of the order had expired. See OCGA § 5-6-38 (notice of appeal shall be filed within 30 days after entry of the judgment, or after the disposition of a timely motion for new trial, motion in arrest of judgment, or motion for judgment notwithstanding the verdict).
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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.

Charles Eugene Butcher, II v. Bailey · filed 2018-12-19(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). ... Because the husband filed a notice of appeal 376 days after entry of the appealable judgment, this appeal is untimely.
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A notice of appeal must be filed within 30 days after entry of the order being appealed.

Albert v. Albert · filed 2018-12-19(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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Section 5-6-38(a) requires a cross-appeal to be filed within 15 days after service of the appellant’s notice of appeal.

Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc. · filed 2018-12-19(a)

Cross-appeals must be filed within 15 days from service of the appellant’s 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 an appealable order.

Sullivan Green, III v. State · filed 2019-01-08(a)

First, Green’s appeal is 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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Section 5-6-38(a) requires a notice of appeal within 30 days of entry of an appealable judgment; an untimely motion for new trial does not extend that deadline.

Mack v. State · filed 2019-01-08(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Mack’s motion for a new trial, filed years after entry of his judgment of conviction, was untimely and did not extend the time for filing a notice of appeal.
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A notice of appeal must be filed within 30 days of entry of the order being appealed.

Hinton v. State · filed 2019-01-08(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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A notice of appeal must be filed within 30 days after entry of an appealable order.

Simmons v. State · filed 2019-01-08(a)

First, Simmons’s appeal is untimely. 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, Simmons filed his notice of appeal 32 days after the entry the trial court’s order.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed.

High v. State · filed 2019-01-08(a)

A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). High’s notice of appeal – filed 278 days after entry of the sentencing order – is untimely. Accordingly, the State’s motion to dismiss is hereby GRANTED and this appeal is DISMISSED.
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A notice of appeal must be filed within 30 days after an appealable decision, including an automatic dismissal following the expiration of time to amend.

Thomas v. Cvs Pharmacy, LLC · filed 2019-01-10(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of an appealable decision. ... Here, Thomas’s failure to amend her complaint or file a timely notice of appeal from the May 25 automatic dismissal renders this appeal moot.
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A notice of appeal must be filed within 30 days after entry of the order being appealed; an untimely notice leaves the appellate court without jurisdiction.

Dwayne Ladexter Meadows v. Glynn Cooper · filed 2019-01-10(a)

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

Epps v. State · filed 2019-01-11(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. ... Epps’s notice of appeal is untimely, as it was filed 67 days after entry of the order denying his motion for an out-of-time appeal. Consequently, 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.

Waldrip v. State · filed 2019-01-15(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Waldrip filed his notice of appeal 34 days after entry of the order he seeks to appeal, it 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.

Abanifi v. State · filed 2019-01-15(a)

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

Randy J. Harmon, Jr. v. State · filed 2019-02-11(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Harmon’s notice of appeal, filed 36 days after entry of the orders he wishes to appeal, was 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.

Threatt v. State · filed 2019-02-11(a)

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 within 30 days of an appealable judgment, and an untimely notice does not confer appellate jurisdiction.

Hopper v. State · filed 2019-02-11(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Hopper’s notice of appeal was untimely filed 74 days after the most recent orders entered in this case. Consequently – and pretermitting whether a direct appeal otherwise would lie from either of the August 10, 2017 orders – we lack jurisdiction over this untimely appeal.
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A notice of appeal must be filed within 30 days after entry of an appealable order to confer appellate jurisdiction.

Carr v. State · filed 2019-02-11(a)

First, Carr’s appeal is untimely. 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, Carr filed his notice of appeal 43 days after entry of the trial court’s 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 appealed from; an untimely notice does not confer appellate jurisdiction.

Smith v. State · filed 2019-02-11(a)

To be timely, a notice of appeal must be filed within 30 days after entry of the order on appeal. ... Because Smith’s notice of appeal was filed 46 days after entry of the trial court’s order, we lack jurisdiction over this 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.

Cephas v. Charles Cephas, Jr. · filed 2019-02-11(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). ... Because the wife filed a notice of appeal 33 days after entry of the final judgment, this 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 trial court’s order.

Christopher M. Hunt, Sr. v. Nationstar Mortgage, LLC · filed 2019-02-12(a)

Pretermitting whether Hunt possesses a right of direct appeal here, his notice of 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). ... Here, Hunt’s notice of appeal, filed 52 days after entry of the order he wishes to appeal, was untimely.
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A notice of appeal must be filed within 30 days after entry of the order being appealed; filing on day 31 does not confer appellate jurisdiction.

Ikner v. State · filed 2019-02-14(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 Freeman v. State, 154 Ga. App. 344, 344 (268 SE2d 727) (1980). Because Ikner’s notice of appeal was filed 31 days after entry of the trial court’s order, we lack jurisdiction over this appeal, which is hereby DISMISSED.
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Subsection (a) requires a notice of appeal to be filed within 30 days of the entry of an appealable judgment.

King v. State · filed 2019-02-19(a)

As an initial matter, a notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, King’s December 5, 2018 notice of appeal is not timely to his 2015 judgment of conviction, nor to any other order in the record he has designated for transmittal to this Court.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed.

Gates v. State · filed 2019-02-22(a)

Second, even if Gates had a right of direct appeal, his notice of appeal was not timely filed. 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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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable judgment; an untimely appeal is dismissed.

Vieyra v. State · filed 2019-02-26(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Here, Vieyra’s notice of appeal was filed 34 days after entry of the court’s order. Accordingly, this appeal is untimely and 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.

Smith v. State · filed 2019-02-26(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. ... Here, Smith’s notice of appeal, which was filed 165 days after sentence was entered, is untimely as to the trial court’s July 9, 2018 sentencing order.
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A notice of appeal must be filed within 30 days of entry of an appealable judgment.

Roosevelt Lee, Jr. v. State · filed 2019-02-28(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). There is no order in the record granting Lee an out-of-time appeal. And his January 18, 2019 “Notice of Out-of-time Appeal” is not timely to his 2011 judgment of conviction, the trial court’s October 29, 2018 order, or to any other order in the record he has designated for transmittal to this Court.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable judgment; a notice filed on day 31 is untimely.

Muhammad v. Lewis · filed 2019-03-21(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Muhammad’s notice of appeal, filed 31 days after entry of the order he seeks to appeal, was untimely.
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A notice of appeal must be filed within 30 days after entry of an appealable order; an untimely notice does not confer appellate jurisdiction.

Ashmore v. State · filed 2019-03-21(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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Ashmore filed his notice of appeal 35 days after entry of the trial court’s order. Accordingly, Ashmore’s appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable judgment; a later motion to vacate an arbitration award or for reconsideration does not extend that deadline.

Mohammed Abdul Hafeez Mughni v. Beyond Management Group, Inc. · filed 2019-03-21(a)

Although Hafeez later filed motions to vacate the arbitration award and for reconsideration of the Confirmation Order, such motions do not extend the time for filing a 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.

Goodrich v. Goodrich · filed 2019-03-21(a)

A notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... Here, Marilyn Goodrich filed her notice of appeal 40 days after entry of the order she seeks to appeal.
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A notice of appeal must be filed within 30 days after entry of an appealable order.

Cunningham v. State · filed 2019-03-21(a)

To the extent Cunningham seeks to appeal his July 18, 2001 conviction and sentence, his notice of appeal was not timely filed. 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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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of the order being appealed.

In Re Duston Tapley, Jr. · filed 2019-03-21(a)

Tapley did not timely appeal from the trial court’s order of February 15, 2018. See OCGA § 5-6-38 (a) (providing that a notice of appeal must be filed within 30 days).
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An appeal must be filed within 30 days of the appealable order; a motion for reconsideration does not extend that deadline.

Spottsville v. Robert Adams, Jr. · filed 2019-03-21(a)

Second, a motion for reconsideration neither extends the time for filing an appellate challenge to an appealable order nor is appealable in its own right. See Bell v. Cohran, 244 Ga. App. 510, 510-511 (536 SE2d 187) (2000); Savage v. Newsome, 173 Ga. App. 271, 271 (326 SE2d 5) (1985). Consequently, the trial court’s January 2019 order is not appealable, and Spottsville’s appeal – filed more than 30 days after the court’s October 2018 order – is untimely as to the October 2018 order. See OCGA § 5-6-38 (a); Bell, 244 Ga. App. at 510-511; Savage, 173 Ga. App. at 271.
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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.

Roberts v. State · filed 2019-04-11(a)

First, a notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). The 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, 721 (482 SE2d 704) (1997). Here, Roberts filed his notices of appeal 34 days after the entry of the trial court’s order denying his motion. Accordingly, we lack jurisdiction to consider these appeals.
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Subsection (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.

Josephine Banks v. Waffle House, Inc. · filed 2019-04-11(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 an appellate court.” Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (punctuation omitted). Here, Banks’s notice of appeal, filed 31 days after entry of the trial court’s order, was untimely. Consequently, 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 an appealable order.

Harrison v. State · filed 2019-04-11(a)

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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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.

Cobb v. State · filed 2019-04-11(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, Cobb’s notice of appeal from the trial court’s April 9 denial of his motion for clarification was filed 38 days after the entry of the court’s order. Thus, Cobb’s notice of appeal is untimely as to that order.
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A notice of appeal must be filed within 30 days of entry of the order being appealed; a notice filed 35 days later is untimely.

Hughes v. State · filed 2019-04-30(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). ... Because Hughes filed his notice of appeal 35 days after entry of the trial court’s order, his appeal is untimely.
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Subsection (a) makes a direct appeal from a conviction and sentence untimely when filed years later.

Lewis v. State · filed 2019-01-16(a)

Additionally, to the extent Lewis seeks to directly appeal his 2014 conviction and sentence, his appeal is untimely. See OCGA § 5-6-38 (a); Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995).
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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.

Robinson v. State · filed 2019-07-16(a)

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

James E. Scott, Jr. v. State · filed 2019-07-16(a)

As an initial matter, a notice of appeal must be filed within 30 days of 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 order being appealed.

In Re Timothy O. McCalep · filed 2019-07-16(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because McCalep filed his notice of appeal 172 days after entry of the trial court’s order, his appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed; an untimely notice does not confer appellate jurisdiction.

Pass v. State · filed 2019-07-16(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Pass filed his notice of appeal 43 days after entry of the trial court’s order, his appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction.
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Section 5-6-38(a) requires a notice of appeal within 30 days of entry of the order being appealed; a late notice leaves the appellate court without jurisdiction.

Hall v. State · filed 2019-07-16(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Hall filed his notice of appeal 32 days after entry of the trial court’s order, his appeal is 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 of entry of the order being appealed.

Bonar v. State · filed 2019-07-25(a)

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

Preather v. State · filed 2019-07-26(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Preather’s notice of appeal is untimely, as it was filed 38 days after entry of the order he seeks to 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 order.

Harris v. State · filed 2019-07-30(a)

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

Stover v. State · filed 2019-08-21(a)

A notice of appeal must be filed within 30 days after entry of an appealable order or judgment. OCGA § 5-6-38 (a). ... Stover’s notice of appeal is untimely, as it was filed 35 days after entry of the judgment he seeks to appeal.
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A notice of appeal must be filed within 30 days after entry of the trial court’s order.

Carson v. State · filed 2019-08-21(a)

Pretermitting whether Carson has a right of direct appeal here, 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 appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Carson’s notice of appeal, filed 43 days after entry of the order he wishes to appeal, was untimely.
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A notice of appeal must be filed within 30 days after entry of the trial court’s order.

Bryant v. State · filed 2019-08-21(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). ... Bryant’s notice of appeal, filed 35 days after entry of the order he wishes to appeal, was untimely.
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A notice of appeal must be filed within 30 days after entry of an appealable order; an untimely notice does not confer appellate jurisdiction.

Fowler v. State · filed 2019-08-21(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.
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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.

Lewis v. State · filed 2019-08-21(a)

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

Monts v. State · filed 2019-08-21(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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A notice of appeal must be filed within 30 days after entry of an appealable judgment; an untimely notice does not confer appellate jurisdiction.

Hughes v. State · filed 2019-08-21(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Hughes’s notice of appeal was untimely filed 41 days after entry of the order sought to be appealed. Consequently, we lack jurisdiction over Hughes’s appeal, which is hereby DISMISSED.
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Subsection (a) requires a notice of appeal to be filed within 30 days of entry of the order appealed from.

Bernard v. State · filed 2019-08-26(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 an appealable order or judgment; an untimely notice does not confer appellate jurisdiction.

Pembleton v. State · filed 2019-08-27(a)

A notice of appeal must be filed within 30 days after entry of an appealable order or judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Pembleton’s notice of appeal is untimely, as it was filed 484 days after entry of the judgment he seeks to appeal. Accordingly, this appeal 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 an appealable judgment.

Jackson v. State · filed 2019-08-27(a)

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

Darryl Curry v. State · filed 2019-08-27(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). Curry’s notice of appeal is untimely, as it was filed 121 days after entry of the order he seeks to appeal. Accordingly, the State’s motion to dismiss is hereby GRANTED and this appeal is 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 trial court’s order; a late notice does not confer appellate jurisdiction.

Collins v. State · filed 2019-09-23(a)

Pretermitting whether the trial court’s order is directly appealable, we lack jurisdiction because this 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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Collins filed his notice of appeal 33 days after the trial court’s order was entered. Accordingly, we lack jurisdiction to consider this appeal, and which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days of entry of the order appealed from; an untimely notice does not confer appellate jurisdiction.

Larry Anthony, II. v. State · filed 2019-09-23(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). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Anthony filed his notice of appeal 32 days after the entry of the trial court’s sentence, it is untimely, and this appeal 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 trial court’s order.

Powell v. State · filed 2019-09-23(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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Powell filed his notice of appeal 94 days after the trial court’s order was entered.
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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.

Bridges v. State · filed 2019-09-23(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a). ... Because Bridges filed his notice of appeal 90 days after entry of the trial court’s order, his appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction.
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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.

Donald Leon Adams, Jr. v. State · filed 2019-09-23(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 appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Adams’s notice of appeal, filed 36 days after entry of the order he wishes to appeal, was 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 order being appealed.

Hart v. State · filed 2019-09-23(a)

A notice of appeal must be filed within 30 days after the 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 upon this Court. See Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Hart filed his notice of appeal 64 days after the trial court entered its order. Accordingly, the notice of appeal is untimely, and this appeal 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 an appealable judgment.

King v. State · filed 2019-09-23(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). King’s notice of appeal was untimely filed 47 days after entry of the order sought to be appealed. Consequently, we lack jurisdiction over King’s appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days after entry of the trial court’s order.

Lynch v. State · filed 2019-09-23(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).
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.

Dyer v. State · filed 2019-09-23(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).
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order being appealed.

Chestnut v. Jeffrey · filed 2019-09-23(a)

Second, even if a direct appeal was authorized, this appeal is 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 filed 34 days after entry of the appealed order is untimely under § 5-6-38(a)'s 30-day period, whether or not a shorter dispossessory deadline applies.

Johnson v. Srebro · filed 2020-04-08(a)

Pretermitting whether Johnson was required to file his notice of appeal within 30 days of entry of the order sought to be appealed or within 7 days of entry of the order sought to be appealed because the appeal involves a dispossessory action, Johnson’s notice of appeal was untimely. See OCGA §§ 5-6-38 (a), 44-7-56. ... Johnson’s January 16, 2020 notice of appeal was untimely filed 34 days after entry of the orders he seeks to 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.

Johnny J. Union v. State · filed 2020-04-03(a)

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

Moore v. State · filed 2020-04-03(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 Davis v. State, 330 Ga. App. 711, 711 (769 SE2d 133) (2015). Here, Moore’s notice of appeal was filed 35 days after entry of the trial court’s order.
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A notice of appeal must be filed within 30 days of entry of an appealable judgment; an untimely notice does not confer appellate jurisdiction.

Craig v. State · filed 2020-04-03(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Craig’s notice of appeal was untimely filed more than four years after entry of the order he seeks to appeal. Accordingly, we lack jurisdiction over this appeal, which is hereby DISMISSED.
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A notice of appeal must be filed within 30 days of an appealable judgment; a motion for reconsideration does not extend that deadline.

Hickman v. State · filed 2020-05-04(a)

First, even if the trial court’s January 2, 2020 order would have been directly appealable and not subject to the discretionary appeal procedures required to appeal orders denying motions to set aside under OCGA § 9-11-60 (d), see OCGA § 5-6-35 (a) (8), under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of an appealable judgment. ... Although Hickman filed a motion for reconsideration of that order, the filing of a motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of a motion for reconsideration is not itself a directly appealable judgment.
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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.

Harris v. State · filed 2020-05-22(a)

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

Jimell Raheen Brown v. State of Georgia, Ex Rel Craig Fraser, District Attorney · filed 2020-05-22(a)

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

Powell v. State · filed 2020-05-22(a)

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

Williams v. State · filed 2020-05-22(a)

A notice of appeal must be filed within 30 days after the entry of the trial court’s order.
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A notice of appeal must be filed within 30 days of an appealable judgment.

Norris v. State · filed 2020-05-22(a)

Second, even if a direct appeal were permissible here, this appeal is untimely. Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days of an appealable judgment.
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Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable judgment.

Vincent v. State · filed 2020-06-08(a)

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

Knowles v. State · filed 2020-06-17(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Knowles’s notice of appeal was untimely filed 55 days after entry of the order he seeks to appeal.
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Section 5-6-38(a) requires a notice of appeal within 30 days of the judgment or order being appealed; a motion for reconsideration does not extend that deadline.

Moss v. State · filed 2020-06-17(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). ... That is because a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right.
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A notice of appeal must be filed within 30 days of the order being appealed.

Mobuary v. State · filed 2020-06-17(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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A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed.

Dotch v. State · filed 2020-07-13(a)

First, Dotch’s appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Dotch’s notice of appeal was untimely filed 46 days after entry of the order he seeks to 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 judgment or order being appealed.

Riley v. State · filed 2020-07-17(a)

a notice of appeal must be filed within ... 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). ... Riley’s notice of appeal, filed 124 days after the trial court entered its order denying his motion for new trial, 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.

Elie v. State · filed 2020-07-21(a)

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

Rowland v. State · filed 2020-07-27(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a).
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Section 5-6-38(a)’s deadline for filing a notice of appeal is not extended by a motion for reconsideration.

Avey v. State · filed 2020-08-17(a)

That is because a motion for reconsideration does not extend the time for filing an appellate challenge to an appealable order, and the denial of a motion for reconsideration is not appealable in its own right.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the trial court’s order.

Campbell v. Altman III · filed 2020-08-17(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).
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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 judgment.

Callen v. State · filed 2020-08-20(a)

Second, even if Callen had a right of direct appeal here, this appeal is untimely, as it was filed more than 30 days after entry of the trial court’s order.
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A notice of appeal must be filed within 30 days after entry of the trial court order being appealed.

Miller v. State · filed 2020-09-04(a)

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 within 30 days of entry of the judgment or order appealed from.

Jones v. State · filed 2020-09-10(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Jones’s notice of appeal was untimely filed 49 days after the denial of his motion for new trial. Consequently, we lack jurisdiction over this untimely appeal, which is hereby DISMISSED.
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A pro se motion for new trial filed while the defendant is represented by counsel does not extend the deadline for filing a notice of appeal.

Hodges v. State · filed 2020-09-18(a)

Accordingly, Hodges’s pro se motion for new trial was a legal nullity, see Pounds, __ Ga. at __ (2) (b), and therefore could not operate to extend the time for filing a notice of appeal.
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An untimely motion for new trial does not extend the time to file a notice of appeal.

Lewis Halle, Jr v. State · filed 2020-10-21(a)

An untimely motion for new trial does not operate to toll the time for filing a 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.

Borum v. State · filed 2020-10-27(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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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order.

Hedgecock v. State · filed 2020-10-27(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 an appealable judgment; an untimely notice leaves the appellate court without jurisdiction.

Perez v. State · filed 2020-10-30(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Perez was required to file his notice of appeal by February 12, 2020. Because he failed to do so, the State’s motion to dismiss is therefore GRANTED, and 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.

Sparrow Exteriors, LLC. v. All Roofing Construction, LLC. · filed 2020-10-30(a)

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 is timely when filed on the following Monday if the 30-day filing period ends on Saturday.

Bonner v. State · filed 2020-11-12(a)

The Appellate Practice Act provides that “[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 30th day after the trial court entered its order denying Bonner’s motion to withdraw his March 5, 2015 guilty plea fell on Saturday, April 4, 2015. Therefore, Bonner’s notice of appeal was timely.
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A notice of appeal must be filed within 30 days of entry of the judgment or trial court order being appealed.

Shawn Davert Lockhart, Jr. v. State · filed 2020-11-17(a)

First, Lockhart’s appeal is untimely. A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a).
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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.

Harned v. Piedmont Healthcare, Inc. · filed 2020-11-17(a)

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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After a trial court enters a new order disposing of a motion for new trial on remand, the aggrieved party must file a new notice of appeal within 30 days to seek appellate review.

Rakestraw v. State · filed 2020-11-18(a)

Following resolution of any such issues, and the entry of a new order disposing of Rakestraw’s motion for new trial, the aggrieved party must file a new notice of appeal within 30 days of that order to seek appellate review. See OCGA §§ 5-6-38 (a); 5-7-1 (a) (8); 5-7-2 (c); Beck, 305 Ga. at 388 (2).
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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.

Tomekia Wilder v. State · filed 2021-08-26(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of an appealable order. ... The denial of a motion for reconsideration is not appealable in its own right nor does it extend the time in which to file a notice of appeal. ... Because Wilder did not seek appellate review within 30 days of the superior court’s February 18 order – and because the superior court’s August 24 order was not appealable – we lack jurisdiction.
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A notice of appeal generally must be filed within 30 days after entry of the challenged decision or judgment.

Judge v. State · filed 2021-08-26(a)

Generally, a notice of appeal must be filed within 30 days after entry of the appealable decision or judgment to be challenged. See OCGA § 5-6-38 (a).
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Certification of a judgment as final under OCGA § 9-11-54 (b) starts Section 5-6-38 (a)’s 30-day period for filing an appeal.

KELL v. WILMINGTON TRUST, N.A . · filed 2021-08-26(a)

That certification triggered OCGA § 5-6- 38 (a)’s 30-day period for filing an appeal.
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A notice of appeal must be filed within 30 days after entry of the judgment or order being appealed; a late notice does not confer appellate jurisdiction.

Johnson v. State · filed 2021-08-26(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Redford v. State, 357 Ga. App. 247, 250 (850 SE2d 447) (2020). Johnson’s May 19 letter, construed as a notice of appeal, was filed 34 days after entry of the trial court’s order denying his motions. Thus, 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 or judgment being appealed.

ADAMSON-MERRILL v. MEEHAN · filed 2021-09-17(a)

First, “[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 Adamsons’ notice of appeal was untimely filed 83 days after entry of the February 26 order.
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Section 5-6-38(a) requires a notice of appeal to be filed within 30 days of entry of an appealable judgment.

Carswell v. State · filed 2021-10-08(a)

First, a notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Carswell’s notice of appeal was filed 122 days after entry of the subject order, it was untimely.
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Notes 751–900 of 1,649, oldest cases first.

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