Ga. Code Ann. § 5-6-38

Section 5-6-38 requires a notice of appeal within 30 days after entry of the appealable judgment, and missing that deadline without an extension requires dismissal.

Jones v. Perkins · filed 1989-07-14

This was one day late because OCGA § 5-6-38 requires the filing to be within 30 days after entry of the appealable decision or judgment complained of. No request for an extension of time was obtained, as could have been done in the trial court. OCGA § 5-6-39. In these circumstances, the requirements of the code section are jurisdictional and failure to comply with them mandates a dismissal of the appeal.

An untimely notice of appeal from summary judgment leaves the appellate court without jurisdiction.

Parker v. Bellamy-Lunda-Dawson · filed 1989-09-07

Inasmuch as Parker’s present notice of appeal is not timely to review the objected-to grant of summary judgment to BLD, this Court has no jurisdiction to entertain the appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable decision or judgment; an appeal filed later is untimely.

State v. Dixon · filed 1990-01-02(a)

Inasmuch as OCGA § 5-6-38 (a) requires that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of,” it follows that the ¿ppeal must be dismissed as untimely.

Section 5-6-38 requires an appeal to be filed within 30 days after entry of the order; an untimely appeal must be dismissed for lack of jurisdiction.

Ferguson v. State · filed 1990-10-17

The record shows that the appeal to this court was filed more than 30 days after entry of the order denying the motion in arrest of judgment. We have no jurisdiction over an untimely filed appeal and must therefore dismiss Case No. A90A1453. OCGA § 5-6-38.

A notice of appeal must be filed within 30 days after entry of the final judgment, or the appeal must be dismissed.

Jones v. McCoy · filed 1990-10-30(a)

The appeal must be dismissed due to the appellant’s failure to file his notice of appeal within 30 days after entry of the final judgment in the case. See OCGA § 5-6-38 (a).

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of judgment unless the filing time is extended; failure to comply deprives the appellate court of jurisdiction.

Murphy v. Quinter · filed 1992-03-09(a)

Pretermitting the application of OCGA § 5-6-35 (a) (11), the record establishes that Murphy’s notice of appeal was not filed within 30 days after entry of the judgment from which he sought to appeal and that he made no application for an extension of time for filing the ... notice. Therefore, Murphy has not followed the requirements set forth in OCGA § 5-6-38 (a) and because this court does not have jurisdiction over this appeal, see Bowen v. Clayton County Hosp. Auth., 160 Ga. App. 809, 810 (288 SE2d 232) (1982), Murphy’s appeal is dismissed.

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 leaves the appellate court without jurisdiction to review that order.

Nodvin v. West · filed 1992-05-19(a)

That notice shows on its face that the order appealed from was issued on July 15, 1991. As stated above, the amended notice was not filed until August 23, 1991, more than 30 days after entry of the judgment complained of. See OCGA § 5-6-38 (a). Consequently, we are without jurisdiction to consider Nodvin’s contention that the trial court erred in denying his motion for supersedeas bond.

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

Banks v. Green · filed 1992-09-17(a)

Notice of appeal in this case was filed on December 23, 1991, thirty-three (33) days after the entry on November 20, 1991 of the order from which appellant appeals, and three days after the time prescribed by law. OCGA § 5-6-38 (a). Our courts have held without exception that the timely filing of a notice of appeal constitutes a jurisdictional requirement, and absent a timely filed notice of appeal this court lacks jurisdiction to entertain an appeal.

A notice of appeal filed 34 days after judgment is untimely under § 5-6-38(a), leaving the appellate court without jurisdiction to review the judgment.

Anaya v. Brooks Auto Parts, Inc. · filed 1993-04-05(a)

Nor do we have jurisdiction to review the order of April 30, because the notice of appeal filed June 3 was untimely. OCGA § 5-6-38 (a).

Section 5-6-38 requires a notice of appeal within 30 days; an appeal filed after that period is subject to dismissal.

Calvert Enterprises, Inc. v. American Medical International, Inc. · filed 1993-04-12

In the instant case, no notice of appeal was ever filed by the appellants until June 26, 1992, well beyond the 30-day time period required by OCGA § 5-6-38. Accordingly, the trial court properly dismissed the appellants’ appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days; an appeal filed outside that period must be dismissed.

Henderson v. State · filed 1995-03-06(a)

The notice of appeal having been filed outside the 30-day period provided for in OCGA § 5-6-38 (a), the appeal in Case No. S94A1853 must be dismissed.

A notice of appeal filed more than 30 days after the judgment appealed from is untimely.

Coles v. State · filed 1996-11-06(a)

Pretermitting whether the Court of Appeals of Georgia has appellate subject matter jurisdiction over an appeal involving mandamus, we hold that the notice of appeal in the case sub judice, entered on Thursday, June 13, 1996, from a judgment or order entered by the superior court judge on Wednesday, May 8, 1996, or the order entered by the senior superior court judge on Thursday, May 9, 1996, refusing defendant’s application for mandamus, is not timely in that it was not filed within 30 days of the judgment complained of on appeal.

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

Couch v. UNITED PAPERWORKERS INTERNATIONAL UNION · filed 1997-02-19(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). Pretermitting whether, under the particular facts and circumstances of the case before this Court, a trial court is authorized to dismiss a notice of appeal on the ground that the same is not timely filed, it is the duty of this Court on its own motion to inquire into its jurisdiction.

A notice of appeal must be filed within 30 days after entry of the appealable judgment unless a qualifying motion is filed within that period; failure to meet the deadline requires dismissal.

Davis v. State · filed 1998-08-11(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after the entry of the appealable judgment, unless a motion for new trial, motion in arrest of judgment, or motion for judgment notwithstanding the verdict has been filed within that time period. This 30-day time requirement is jurisdictional and the failure to comply with it mandates dismissal of an appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the appealable decision or judgment; an untimely notice leaves the appellate court without jurisdiction.

Johnson v. State · filed 1998-10-08(a)

OCGA § 5-6-38 (a) requires that a “notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of.” The July 20, 1998 notice of appeal from the May 19, 1998 “SENTENCING ORDER” is not timely. In the absence of a timely filed notice of appeal, this Court is without jurisdiction to consider the merits of the case, and the appeal in Case No. A99A0272 must be dismissed.

Section 5-6-38(a) bars consideration of untimely notices of appeal.

Owens v. State · filed 2002-11-06(a)

Because all but the first three notices of appeal are untimely, OCGA § 5-6-38 (a), we do not consider them.

A notice of direct appeal filed 35 days after entry of the challenged order is untimely under § 5-6-38(a).

Boney v. State · filed 1999-01-14(a)

Further, Boney’s subsequent notice of direct appeal was filed untimely.

A notice of cross-appeal must be filed within 15 days after service of the appellant’s notice of appeal; an untimely cross-appeal must be dismissed.

Burns v. Howard · filed 1999-07-01(a)

A notice of cross-appeal must be filed “within 15 days from service of the notice of appeal by the appellant.” OCGA § 5-6-38 (a). Because the Howards failed to file a timely notice of cross-appeal, their cross-appeal must be dismissed.

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

Hammond v. UNIFIED GOVERNMENT · filed 1999-10-19(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). ... The notice of appeal filed on July 8, 1999, is not timely. We are without jurisdiction to consider the merits, and so the appeal in Case No. A00A0274 must be dismissed.

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an unextended late filing leaves the appellate court without jurisdiction.

Brown v. E.I. Du Pont De Nemours & Co. · filed 1999-11-18(a)

Because Brown failed to file a notice of appeal within 30 days after the entry of the appealable order complained of and that time period was not extended, we have no jurisdiction to review the order at issue.

An untimely notice of appeal from a conviction prevents appellate review of alleged trial errors.

Smith v. State · filed 2002-09-18(a)

But because, as noted above, Smith did not timely file a notice of appeal from her 1998 conviction or timely apply for discretionary review of her probation revocation, these arguments are not properly before us.

A notice of appeal must be filed within 30 days after entry of the appealable decision or judgment unless the filing time is extended; an untimely notice may be dismissed.

Campbell v. McLarnon · filed 2003-12-15(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). ... Because Campbell did not file her notice of appeal of the trial court’s January 28, 2003 order within 30 days after its entry or obtain an extension of time in which to file her notice of appeal, the trial court did not err in granting McLarnon’s motion to dismiss her notice of appeal.

A defendant granted an out-of-time appeal has 30 days from the grant to file a notice of appeal; an untimely notice requires dismissal.

Cody v. State · filed 2004-02-02(a)

A defendant granted an out-of-time appeal who wishes to pursue post-conviction relief in the appellate courts has 30 days from the grant to file a notice of appeal to the appellate court with subject-matter jurisdiction. ... Inasmuch as the notice of appeal was not timely filed, the appeal must be dismissed.

Section 5-6-38(a) sets a jurisdictional 30-day deadline for a direct appeal; an untimely appeal does not give the appellate court jurisdiction.

Clark v. State · filed 2005-01-26(a)

Moreover, this construction of OCGA § 5-6-35 (a) (7) comports with sound public policy; a contrary holding would permit appellants to flout with impunity the jurisdictional 30-day limitation established by OCGA § 5-6-38 (a). ... This court has no jurisdiction to review Clark’s untimely direct appeal.

A notice of appeal filed within 30 days of an amended order is timely and divests the trial court of jurisdiction.

In Re Jefferson · filed 2007-03-30(a)

The juvenile court was divested of jurisdiction in this case only when Jefferson timely filed her notice of appeal on June 5, within 30 days of the May 8 amended order.

An untimely notice of appeal results in dismissal of the appeal.

McRae v. SSI Development, LLC · filed 2008-01-08(a)

Pretermitting whether the second order was void because entered while McRae’s first notice of appeal was pending, but see Teal v. State, 282 Ga. 319, 329 (7) (647 SE2d 15) (2007) (notice of appeal divests trial court of jurisdiction to alter judgment), her notice of appeal was untimely filed. OCGA § 5-6-38 (a). Therefore, we hereby dismiss Case Nos. S07A1562 and S07A1563 and address McRae’s appeal in Case No. S07A1564.

An untimely appeal from a final judgment leaves the appellate court without jurisdiction to review that judgment.

Paine v. Nations · filed 2009-11-17(a)

Moreover, it follows that because the December 6, 2005 judgment was final, the Cochrans’ current attempt to appeal that judgment is untimely, and this Court lacks jurisdiction to consider their arguments in that regard. See Officenters Intl. Corp. &c. v. Interstate North Assocs., 166 Ga. App. 93, 94 (303 SE2d 292) (1983); OCGA § 5-6-38 (a).

Section 5-6-38(a) permits a notice of appeal filed before entry of an order denying a motion for new trial to become effective and timely when the order is entered.

Livingston v. State · filed 1996-05-29(a)

Treating a premature notice as effectively filed upon entry of the order denying the motion for new trial does not violate either the letter or the spirit of OCGA § 5-6-38(a).

A notice of appeal filed before the judgment is final can ripen upon entry of the final judgment if it clearly identifies the judgment being appealed.

Janorris Spears v. State · filed 2023-02-06(a)

We conclude that we have jurisdiction because Spears’ initial December 21, 2020 notice of appeal ripened upon entry of the amended judgment of conviction.

A notice of appeal filed before final judgment ripens when the judgment becomes final.

Gonzales v. State · filed 2023-02-21(a)

Because the trial court’s prompt dismissal of two pending child cruelty counts rendered the judgment final, Appellant’s previously filed premature notice of appeal ripened.

Section 5-6-38(a)’s filing deadline is not satisfied by a pro se prisoner’s delivery of a notice of appeal to the prison mailroom in a non-habeas case.

Jackson v. State · filed 2011-12-08(a)

To the extent Jackson argued that the “mailbox” rule enunciated in Massaline v. Williams, 274 Ga. 552, 554 (554 SE2d 720) (2001), applied to render his notice of appeal as having been timely filed when he delivered it to the prison mailroom, his argument is unavailing.

Section 5-6-38(a) extends the time to file a notice of appeal when a proper motion for new trial is filed.

Turner v. Bynum · filed 2002-04-25(a)

Therefore, the motion for new trial extended the period for Turner to file a notice of appeal, which he timely did.

An untimely motion for a new trial does not extend the deadline for filing a notice of appeal.

Donald Harris, Jr. v. State · filed 2016-10-25(a)

Harris’s motion for a new trial, which he filed 33 days after entry of his judgment of conviction, was untimely and did not extend the time for filing the notice of appeal.

A motion for new trial extends the time to file a notice of appeal only when it is a proper way to challenge the trial court’s ruling.

Wedlowe v. Cotton State Mortgage, Inc. · filed 2016-07-18(a)

Because the motion for new trial was not the appropriate vehicle for challenging the trial court’s ruling, it did not operate to extend the time for filing a notice of appeal.

An untimely motion for new trial does not extend the time to file a notice of appeal under § 5-6-38(a).

Wheeler v. Emory Healthcare, Inc. · filed 2015-09-21(a)

An untimely motion for a new trial does not toll the time for filing a notice of appeal. Jarrard, supra at 21. Thus, Wheeler’s motion for a new trial, filed more than eight months after entry of judgment, did not extend the time for filing a notice of appeal. ... Accordingly, Wheeler’s notice of appeal, filed more than one year after entry of judgment, is untimely. See OCGA § 5-6-38 (a).

An untimely motion for a new trial does not extend the deadline to file a notice of appeal.

Grier v. State · filed 2015-11-23(a)

Although the filing of a motion for a new trial generally extends the deadline for filing a notice of appeal, see OCGA § 5-6-38 (a), an untimely motion for a new trial is void and does not extend the time for filing an appeal, Wicks v. State, 277 Ga. 121, 121-122 (587 SE2d 21) (2003). ... Thus, the motion for a new trial was untimely and did not extend the time for filing the notice of appeal.

Section 5-6-38(a) requires a notice of appeal within 30 days of the challenged order and limits which motions toll that period.

Odion v. Varon · filed 2015-05-05(a)

However, Odion’s notice of appeal was not timely as to that order. See OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days of entry of the challenged order). In addition, his motion attacking that order did not toll the time to file an appeal. See id. (appeal-filing period is tolled by the filing of a motion for new trial, motion in arrest of judgment, or motion for judgment notwithstanding the verdict).

An untimely motion for new trial does not toll the 30-day period for filing a notice of appeal.

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

Because Davis failed to file his motion for new trial within the time allowed, “that motion was void . . . [and] did not toll the 30-day limit within which he was required either to file a notice of appeal from the underlying judgment and sentence ... or to seek from the trial court an extension of time for doing so.”

An invalid motion for new trial does not extend the 30-day deadline for filing a notice of appeal.

Parker v. Pinetree Country Club Condo Association · filed 2013-10-28(a)

Pursuant to OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the decision to be appealed. ... Furthermore, where a motion for new trial is not a proper method of challenging the trial court’s ruling, the motion is invalid and does not extend the time for filing a notice of appeal. ... Accordingly, Parker’s motion for new trial did not extend his deadline for filing a notice of appeal.1 Because Parker did not file a timely notice of appeal from the summary judgment order, we lack jurisdiction to consider his appeal, which is therefore DISMISSED.

A motion for new trial extends the time to file a notice of appeal only if it is timely and is a proper means of reviewing the trial court’s action.

Esquivel v. State of Georgia · filed 2013-10-28(a)

Esquivel filed a motion for new trial, which, when timely filed, extends the time for filing a notice of 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.” ... Here, Esquivel’s motion for new trial did not extend the time for filing an appeal from the trial court’s forfeiture order.

A timely motion for new trial tolls the deadline for filing a notice of appeal, and a trial court cannot override that rule by setting another deadline.

Earwood v. State · filed 2018-04-20(a)

The court could not override that statute and nullify Earwood’s timely-filed motion by stating in its order continuing the hearing on Earwood’s motion for new trial that “the time for filing an appeal” would be “January 21, 2015.”

A unilaterally withdrawn motion for new trial does not extend the time to file a notice of appeal without a trial court order disposing of the motion.

Williams v. State · filed 2018-06-26(a)

A unilaterally withdrawn motion for new trial, standing alone, does not toll the appeal time.

Section 5-6-38(a)'s 30-day deadline is not extended when a party unilaterally withdraws a motion for new trial without a court order resolving it.

Williams v. State · filed 2018-06-26(a)

The time for filing his direct appeal, therefore, was not extended, and his notice of appeal was untimely because it was filed more than 30 days after his conviction.

A unilaterally withdrawn motion for a new trial does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

Davis v. State · filed 2018-09-26(a)

A unilaterally withdrawn motion for a new trial, standing alone, does not extend the deadline for filing an appeal.

An untimely motion for a new trial does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

Mitchell v. State · filed 2018-10-17(a)

Although the filing of a motion for a new trial generally extends the deadline for filing a notice of appeal, see OCGA § 5-6-38 (a), an untimely motion for a new trial is void and does not extend the time for filing an appeal, Wicks v. State, 277 Ga. 121, 121-122 (587 SE2d 21) (2003).

Section 5-6-38(a) allows an appeal after a timely motion for new trial only when the order finally disposes of the motion.

Timothy John Wilson, Jr. v. State · filed 2018-11-01(a)

Where a timely motion for a new trial is filed, an appeal will lie from the order “finally disposing of the motion.”

A unilaterally withdrawn motion for new trial does not extend the 30-day deadline to file a notice of appeal.

Chambers v. State · filed 2018-11-27(a)

A unilaterally withdrawn motion for new trial, standing alone, does not toll the appeal time.

An untimely motion for new trial does not extend the deadline for filing a notice of appeal.

Knox v. State · filed 2019-01-17(a)

Knox’s motion for a new trial, filed 31 days after entry of his judgment of conviction, was untimely and did not extend the time for filing a notice of appeal.

A party’s withdrawal of a timely motion for new trial does not start the 30-day period for filing a notice of appeal; the period begins when the trial court enters an order finally disposing of the motion.

LONG v. TRUEX (Two Cases). · filed 2019-04-10(a)

So, under the rule articulated in Heard, the that motion remained pending. The trial court finally disposed of the motion later, when he entered an order that denied Long a new trial. At that point, Long had 30 days in which to file her notice of appeal under OCGA § 5-6-38 (a), and she filed her notice of appeal within the 30-day period.

An untimely motion for new trial does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

Diamanta R. Hunter v. State · filed 2019-04-30(a)

Hunter’s motion for a new trial, filed 34 days after entry of her judgment of conviction, was untimely and did not extend the time for filing a notice of appeal.

An untimely motion for new trial does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

Leggett v. State · filed 2019-06-19(a)

Although the filing of a motion for new trial generally extends the deadline for filing a notice of appeal, see OCGA § 5-6-38 (a), an untimely motion for a new trial is void and does not extend the time for filing an appeal. ... Under these circumstances, Leggett’s untimely motion for new trial did not extend the time for filing a notice of appeal.

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after an order finally disposing of a timely motion for new trial; a notice filed while that motion remains pending is premature.

Hammond v. State · filed 2020-02-12(a)

And under OCGA § 5-6-38 (a), “[a] notice of appeal must be filed within 30 days of the judgment being appealed, or, if a motion for new trial is filed within 30 days of the judgment, ‘the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.’” Hann v. State, 292 Ga. App. 719, 719 (1) (665 SE2d 731) (2008) (quoting OCGA § 5-6-38 (a)). Hammond’s notice of appeal – filed while his motion for a new trial and motion to withdraw his motion for a new trial remain pending before the superior court – is premature.

An untimely motion for new trial does not extend the time to file a notice of appeal under § 5-6-38(a).

June Williams, Jr. v. State · filed 2020-10-01(a)

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

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

Mostiller v. State · filed 2021-08-04(a)

Mostiller’s motion for a new trial, filed 42 days after entry of his amended sentence, was untimely and did not extend the time for filing a notice of appeal.

A pro se motion for new trial filed while the defendant is represented by counsel does not extend the time to file a notice of appeal under § 5-6-38(a).

Burse v. State · filed 2021-03-16(a)

Accordingly, Burse’s pro se motion for new trial was a legal nullity, see Pounds, 309 Ga. at 377 (2) (b), and therefore could not operate to extend the time for filing a notice of appeal.

A motion challenging only legal conclusions does not extend the time to file a notice of appeal under § 5-6-38(a), regardless of its title.

Brinson v. State of Georgia · filed 2021-04-20(a)

A motion that merely challenges a court’s legal conclusions, however – regardless of nomenclature – is not a proper motion for a new trial and thus does not extend the time to appeal.

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

Deck Pro, Inc. v. Rucks · filed 2021-04-20(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).

An unauthorized second motion for new trial does not toll the deadline for filing a notice of appeal.

Kelly v. State · filed 2021-06-21(a)

In light of the above, Kelly’s second motion for new trial was improper and did not toll the deadline for filing her notice of appeal.

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

Elliott v. State · filed 2021-06-30(a)

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

A notice of appeal filed within 30 days after entry of the final judgment is timely.

RASHAWNDA SMALL v. CHATHAM COUNTY · filed 2021-07-01(a)

Small’s notice of appeal, filed on February 19, 2020, was timely. OCGA § 5-6-38 (a) (notice of appeal must be filed within 30 days after the entry of the trial court’s order).

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

Ortiz v. State · filed 2021-07-01(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). Because Ortiz’s notice of appeal is untimely with respect to both the April 2017 sentence and the September 2020 order, we lack jurisdiction.

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.

Qasim v. Board of Directors, Keystone Gates Condominium Association · filed 2021-07-13(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. ... Qasim filed his notice of appeal 57 days after the trial court entered the order he wishes to appeal. Accordingly, this appeal is hereby DISMISSED.

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

Hill v. State · filed 2021-07-23(a)

A notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed. OCGA § 5-6-38 (a). 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). Hill’s notices of appeal were untimely filed almost two years after his judgments of conviction.

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.

DEREK LEE THOMAS v. BARNES LAND AND INVESTMENTS, LLC · filed 2021-07-23(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, Thomas filed his appeal 149 days after the trial court entered its order. Therefore, the appeal is untimely. Accordingly, the motion to dismiss is hereby GRANTED, and this appeal is hereby DISMISSED for lack of jurisdiction.

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

Snowden v. Marshall · filed 2021-07-28(a)

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

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

Holland v. Brian Kemp, Governor of the State of Georgia, in His Individual Capacity · filed 2021-08-02(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).

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

In THE INTEREST OF R. W., JR., CHILDREN (PARENTS) · filed 2021-08-03(a)

Moreover, standing alone, the Wimbushes’ April 2021 notice of appeal (the first to which Recardo is a party) is untimely by more than six years. See OCGA § 5-6-38 (a) (a notice of appeal must be filed within 30 days of entry of the judgment or trial court order sought to be appealed); Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012) (the proper and timely filing of a notice of appeal is an absolute requirement to confer appellate jurisdiction on this Court). Consequently, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Couch v. State · filed 2021-08-04(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).

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of an appealable order; an appeal filed later without an extension is untimely.

Johnson v. State · filed 2021-04-20(a)

On September 4, when Johnson filed his notice of appeal, no extension of time for filing had been granted. Because Johnson filed his notice of appeal 168 days after entry of the order he seeks to appeal, it is untimely, and this appeal is hereby DISMISSED.

A timely motion for new trial generally extends the deadline for filing a notice of appeal.

Chen v. Sander · filed 2021-08-06(a)

But the timely filing of a motion for new trial generally extends the deadline for filing a notice of appeal. See OCGA § 5-6-38 (a). Because Chen filed her application for discretionary appeal within 30 days of the trial court’s order denying her motion for new trial, she is entitled to a direct appeal under OCGA § 5-6-34 (a) (1).

A motion for new trial filed pro se by a represented defendant is a legal nullity and does not extend the time to file a notice of appeal under § 5-6-38(a).

Demickey Rogers v. State · filed 2022-08-11(a)

Accordingly, Rogers’ pro se motion for new trial was a legal nullity which did not operate to extend the time for filing a notice of appeal.

A pro se motion for new trial filed by a represented criminal defendant is a nullity and does not extend the time to file a notice of appeal.

Grant v. State · filed 2022-11-21(a)

Accordingly, Grant’s pro se motion for new trial was a legal nullity which did not operate to extend the time for filing a notice of appeal.

An extraordinary motion for new trial filed more than 30 days after the order does not toll the time to appeal.

In the Interest of M. R. S., a Child (Mother) · filed 2023-06-28(a)

Moreover, although Smith also filed a motion for new trial, the motion was not filed within 30 days of the trial court’s order, and it therefore constituted an extraordinary motion for new trial which did not toll the time to appeal.

An untimely motion for new trial does not extend the time to file a notice of appeal under § 5-6-38 (a).

Yun v. State · filed 2024-07-16(a)

As such, it did not extend the time for Yun to file a notice of appeal.1 See Pounds, 309 Ga. at 378 n.4. Accordingly, Yun’s notice of appeal, filed more than two years after the judgment of conviction was entered, is untimely.

A motion for new trial does not extend the time to appeal an order in a separate case when the motion does not challenge that order.

Deonte Marquez Kitchens v. State · filed 2025-06-02(a)

Although a timely filed motion for new trial may extend the time in which to seek appellate review, OCGA § 5-6-38 (a), and pretermitting whether Kitchens could properly file a motion for new trial in the revocation action, Kitchens’s original motion for new trial was filed only in his murder case, not in the distinct probation revocation case. His amended motion for new trial, filed in 2022, was filed under both case numbers, but did not attack his probation revocation. Accordingly, the time to seek review of the trial court’s October 4, 2016 order adjudicating Kitchens guilty of burglary was not tolled, and Kitchens’s notice of appeal, filed in 2025, was not timely as to that order.

A motion for new trial challenging summary judgment does not extend the deadline for filing a notice of appeal under § 5-6-38(a).

SIZEMORE v. WESTFALL · filed 2025-04-02(a)

Because a motion for new trial is not a proper method for challenging the grant of summary judgment, it did not extend the time for filing a notice of appeal.

A pending motion to withdraw a motion for new trial does not start the notice-of-appeal clock; the trial court must finally dispose of the new-trial motion.

Wallace v. State · filed 2026-04-20(a)

Here, the record contains no indication that the trial court has ruled on Wallace’s motion for new trial or his motion to withdraw that motion. Accordingly, the case remains pending below, and this appeal is premature. ... Wallace’s pending motion to withdraw his motion for new trial does not change this analysis. See Heard v. State, 274 Ga. 196, 197–98(1) (552 SE2d 818) (2001) (holding that the trial court must grant, deny, or otherwise finally dispose of a motion for new trial to start the appellate clock under OCGA § 5-6-38).

An untimely motion for new trial does not extend the deadline for filing a notice of appeal.

Conner v. State · filed 2026-05-04(a)

Although the filing of a motion for a new trial generally extends the deadline for filing a notice of appeal, see OCGA § 5-6-38(a), an untimely motion for a new trial does not extend the time for filing an appeal.

Section 5-6-38(a) generally requires a notice of appeal within 30 days, but courts may excuse that deadline to remedy a constitutional violation concerning the appeal.

Ringold v. State · filed 2019-01-22(a)

While OCGA § 5-6-38 (a) generally requires that a notice of appeal be filed within 30 days of the appealable decision or judgment complained of, Georgia courts may excuse compliance with that statutory requirement “where necessary to avoid or remedy a constitutional violation concerning the appeal,” such as when counsel was ineffective in filing the notice of appeal.

A notice of appeal filed before final disposition of a motion for new trial ripens when the disposing order is entered, without a second notice.

Morgan v. State · filed 2019-08-21(a)

Morgan need not file a second notice of appeal as the prematurely filed notice will ripen upon entry of the order finally disposing of the motion for new trial.

A premature notice of appeal ripens when the trial court enters its final order on a timely motion for new trial; a second notice is unnecessary.

Ghant v. State · filed 2020-11-17(a)

Ghant need not file a second notice of appeal, as the prematurely filed notice of appeal will ripen upon entry of the trial court’s final order. See Hann v. State, 292 Ga. App. 719, 720 (1) (665 SE2d 731) (2008) (a premature notice of appeal will ripen upon the filing of a trial court order granting, overruling, or otherwise disposing of a motion for a new trial); see also OCGA § 5-6-38 (a).

A motion for new trial extends the 30-day deadline for filing a notice of appeal only if the motion is timely and legally operative.

Geelan v. State · filed 2020-11-17(a)

Here, although Geelan filed two pro se motions for new trial and a counseled, amended motion for new trial, these motions did not operate to toll the deadline for filing a notice of appeal from his judgment of conviction.

Section 5-6-38(a) makes a notice of appeal premature when it is filed while a timely motion for new trial remains pending.

Tilman v. State · filed 2024-04-04(a)

Here, the record contains no indication that the trial court has ruled on Tilman’s counseled motion for a new trial. His pro se notice of appeal — filed while his motion for a new trial remains pending before the trial court — therefore is premature, even if it is not a nullity.

When a timely motion for new trial is filed, § 5-6-38(a) requires the notice of appeal within 30 days after an order finally disposes of the motion; a notice filed while the motion remains pending is premature.

Garvin v. State · filed 2024-07-02(a)

And under OCGA § 5-6-38 (a), “[a] notice of appeal must be filed within 30 days of the judgment being appealed, or, if a motion for new trial is filed within 30 days of the judgment, ‘the notice shall be filed within 30 days after the entry of the order granting, overruling, or otherwise finally disposing of the motion.’” ... Therefore, his notice of appeal — filed while his motion for new trial remains pending before the trial court — is premature.

A motion for attorney fees does not toll the time for filing a notice of appeal under § 5-6-38(a).

Nairon v. Land · filed 2000-02-07(a)

Because the filing of a motion for attorney fees does not challenge the finality of the judgment on the merits or toll the time for filing a notice of appeal, OCGA § 5-6-38 (a), we hold that it ... does not extend or suspend the termination date of the underlying civil proceeding for purposes of determining the date upon which the statute of limitation begins to run.

Section 5-6-38(a)’s 30-day deadline for filing a notice of appeal is not extended because the local clerk’s office closes for a holiday that is not a public or legal holiday under Georgia law.

Smith v. McTaggart · filed 2017-10-13(a)

As OCGA § 1-4-1 provides no relief to Smith in this case, his notice of appeal was not timely filed. Because a timely notice of appeal is a jurisdictional prerequisite to a valid appeal, “we are not free to disregard the 30-day time limit established in OCGA § 5-6-38 (a).” Dasher, 259 Ga. App. at 204 (citations omitted). We are thus compelled to dismiss Smith’s appeal without reaching the merits of his enumerations of error.

Section 5-6-38(a) requires a notice of appeal within 30 days of the appealable decision; a county courthouse closure does not extend the deadline when the filing day is not a state or federal holiday.

Nick Stewart v. Harkins · filed 2018-04-20(a)

OCGA § 5-6-38 (a) provides, in part, that “[a] notice of appeal shall be filed within 30 days after entry of the appealable decision or judgment complained of[.]” ... Therefore, unless Tuesday, January 2, 2018, was a state or federal holiday, the defendants had to file their notice of appeal by that date. As that date was not a federal holiday2 and was not declared a holiday by the Governor of Georgia,3 the defendants’ notice of appeal is untimely.

A notice of appeal must be filed within 30 days after entry of an appealable order; an out-of-time appeal is not permitted in a civil case.

Caraway v. Matt Toland Spillers · filed 2014-05-16(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days after entry of an appealable order. Here, the Caraways filed their notice of appeal 111 days after the summary judgment order was entered. Although the trial court purportedly granted them an extension of time to file their appeal, out-of-time appeals are not permitted in civil cases.

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

Nunez v. State · filed 2015-08-05(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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Nunez filed his notice of appeal 41 days after entry of the trial court’s order, his appeal is untimely.

Section 5-6-38(a) allows 30 days to appeal a trial court’s ruling on a motion for supersedeas bond.

Courtney Fuller v. State · filed 2015-08-10(a)

Fuller is entitled to appeal the trial court’s ruling on the motion for supersedeas bond within 30 days of its entry. Knapp, 223 Ga. App. at 269; OCGA § 5-6-38 (a).

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

Jungawalla v. State · filed 2015-08-10(a)

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

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

Boone v. State · filed 2015-08-10(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order from which an appeal is sought. 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 Boone filed her notice of appeal more than three years after entry of the order she seeks to appeal, it is untimely.

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

Baptiste v. Corriere · filed 2015-08-10(a)

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

Section 5-6-38(a) requires a notice of appeal within 30 days after entry of the order appealed; a notice filed after that deadline is untimely.

Young v. State · filed 2015-08-10(a)

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

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

Daniel Jr. v. State · filed 2015-08-20(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Because Daniel filed his notice of appeal 58 days after entry of the trial court’s order denying his motion for new trial, his appeal is untimely. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

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

Willie Frank Wright, Jr. v. William A. Prior, Judge · filed 2015-08-20(a)

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

Section 5-6-38(a) requires a notice of appeal to be filed within 30 days after entry of the appealable order; timely filing is required for appellate jurisdiction.

Roberson v. State · filed 2015-08-21(a)

In addition, even if the order denying Roberson’s motion for an out-of-time appeal is directly appealable, Roberson’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. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.

A notice of appeal must be filed within 30 days after entry of the trial court’s order; timely filing is required for appellate jurisdiction.

In Re: William Hardin · filed 2015-08-25(a)

First, 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 on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Hardin filed his notice of appeal 31 days after the trial court’s order was entered.

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

Laverpool v. Taylor, Bean & Whitaker Mortgage Corp. · filed 2015-08-26(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 filing of a motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of a motion for reconsideration is not itself a directly appealable order. ... Consequently, Laverpool’s appeal is untimely and is hereby DISMISSED for lack of jurisdiction.

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

Christian Hiram Lopez Morales v. State · filed 2015-08-27(a)

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

Section 5-6-38(a) requires a notice of appeal within thirty days of a summary judgment ruling; an improper motion for new trial does not extend that deadline.

Debter v. Stephens · filed 2015-09-14(a)

Because Debter did not file his notice of appeal within thirty days of the trial court’s summary judgment ruling as required by OCGA § 5-6-38 (a), and because his motion for new trial was not a proper vehicle for review of the trial court’s action, his notice of appeal was untimely filed and this appeal must be dismissed.

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

Porter v. State · filed 2015-09-21(a)

To be timely, 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). Porter’s notice of appeal is untimely, as it was filed more than one year after entry of the order he seeks to appeal. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Tomlinson v. State · filed 2015-09-21(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. ... Here, Tomlinson filed his notice of appeal 35 days after the trial court’s order denying his motion. Accordingly, we lack jurisdiction to consider the appeal, which is hereby DISMISSED.

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

Owens v. State · filed 2015-10-06(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order from which an appeal is sought. OCGA § 5-6-38 (a).

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

Elizabeth Denise Caldon Sorkness v. Board of Regents Ofthe University System of Georgia · filed 2015-10-06(a)

In addition, Sorkness’s notices of appeal are untimely. To be timely, a notice of appeal must be filed within 30 days of entry of the order sought to be appealed. OCGA § 5-6-38 (a).

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

Bell v. State · filed 2015-10-06(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).

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

Roscoe Powers v. State · filed 2015-11-03(a)

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

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

White v. State · filed 2015-11-23(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).

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

D & N Electric, Inc. v. Armstrong · filed 2015-11-23(a)

A notice of appeal must be filed within 30 days of entry of the order sought to be appealed. ... The filing of a motion for reconsideration does not extend the time for filing a notice of appeal, and the denial of a motion for reconsideration is not itself a directly appealable order.

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

Strickland v. State · filed 2015-11-23(a)

First, a notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). ... Because Strickland filed his notice of appeal 63 days after entry of the trial court’s order, his appeal is untimely.

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

Byrd v. Suntrust Mortgage, Inc. · filed 2015-11-23(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the appealable judgment. A motion for reconsideration does not extend the time for filing a notice of appeal.

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

White v. State · filed 2015-11-24(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).

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

Gregory v. State · filed 2015-12-11(a)

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

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

Hayward-El v. State · filed 2015-12-11(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Hayward-El’s notice of appeal, filed 31 days after entry of the sentencing order, is untimely, and this appeal is therefore DISMISSED for lack of jurisdiction.

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

Wigginton v. State · filed 2015-12-11(a)

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

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

Jacobs v. State · filed 2015-12-11(a)

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

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

ELMON mCCARROLL ELMORE, JR v. WESLEY O'NEAL, ADMINISTRATIVE LIEUTENANT, JOHNSON STATE PRISON, DEPARTMENT OF CORRECTIONS · filed 2015-12-15(a)

Second, even if Elmore had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). Elmore filed his notice of appeal 67 days after entry of the order he seeks to appeal. Although he filed a motion for reconsideration, a trial court’s denial of such a motion is not subject to direct appeal, and the filing of such a motion does not extend the time for appealing the underlying judgment.

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.

Carswell v. State · filed 2015-12-17(a)

Under OCGA § 5-6-38 (a), a notice of appeal must be filed within 30 days after entry of the appealable order. 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, Carswell filed his notice of appeal 41 days after the order was entered. Accordingly, we lack jurisdiction to entertain this appeal, which is hereby DISMISSED.

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

Scott v. Scott Schmidly, St. Joseph's Hospital Board of Directors · filed 2016-01-11(a)

Second, even if Scott had a right of direct appeal here, this appeal is untimely. A notice of appeal must be filed within 30 days of entry of the trial court order sought to be appealed. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Here, Scott filed his notice of appeal 34 days after entry of the trial court orders he seeks to appeal.

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

McRae v. State · filed 2016-01-11(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). ... Here, McRae filed his notice of appeal 39 days after the trial court’s order was entered. Accordingly, the appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction.

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

Monte Gale Salyer v. State · filed 2016-01-11(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 Salyer filed his notice of appeal 47 days after entry of the order he seeks to appeal, it is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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

Brown v. Abernathy · filed 2016-01-11(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.

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

Sheppard v. State · filed 2016-01-11(a)

To the extent that Sheppard wishes to appeal his judgment of conviction or the order denying his motion to modify his sentence, his notice of appeal – filed 893 days after his judgment of conviction and 710 days after the denial of his motion – is untimely.

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

McCowan v. State · filed 2016-01-25(a)

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

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

Watson v. State · filed 2016-01-25(a)

A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). ... Here, Watson filed his notice of appeal 594 days after the trial court’s order was entered. Accordingly, we lack jurisdiction to consider this appeal, and it is hereby DISMISSED.

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

Sanders v. State · filed 2016-01-25(a)

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

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

Summerlin v. State · filed 2016-01-25(a)

A notice of appeal must be filed within 30 days of the entry of an appealable judgment. OCGA § 5-6-38 (a). ... Summerlin’s amended motion for a new trial, which was filed 242 days after the trial court entered judgment, was untimely and thus did not extend the time for filing the notice of appeal.

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

Ada Hart Peterson v. Bank of America, N. A. · filed 2016-01-25(a)

A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, the appellant filed her notice of appeal 33 days after the trial court’s order was entered. Accordingly, we lack jurisdiction to consider this appeal, and the appellee’s motion to dismiss is GRANTED.

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

Angell v. State · filed 2016-01-26(a)

To be timely, a notice of appeal must be filed within 30 days of entry of the order on appeal. ... Because Angell filed his notice of appeal more than ten months after entry of the order he seeks to appeal, it is untimely.

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

Tara J. Miller v. Jay Marin Dooley A/K/A Tom Dooley · filed 2016-02-18(a)

First, a notice of appeal must be filed within 30 days after entry of the order on appeal. OCGA § 5-6-38 (a). ... Here, the notice of appeal was filed 31 days after entry of the trial court’s order and thus is untimely.

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

Harpe v. State · filed 2016-02-18(a)

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

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

Shelton v. Terry · filed 2016-03-11(a)

A notice of appeal must be filed within 30 days after entry of an appealable order. OCGA § 5-6-38 (a). ... Pretermitting whether a direct appeal from the October 16, 2015 order is permissible, Shelton’s notice of appeal is untimely as to that order.

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.

Wilson v. Barchers · filed 2016-03-11(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. See 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. 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 – here, the order granting the motion to dismiss. See id. Wilson’s notice of appeal, therefore, is invalid as to the order denying her motion for reconsideration and untimely as to the order granting the motion to dismiss.

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

Pickstock v. State · filed 2016-03-11(a)

First, a notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Because Pickstock filed his notice of appeal 45 days after entry of the trial court’s order, his appeal is untimely.

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

Mott v. State · filed 2016-03-11(a)

To be timely, a notice of appeal must be filed within 30 days of 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. Rowland v. State, 264 Ga. 872, 872 (1) (452 SE2d 756) (1995). Because Mott filed his notice of appeal over two years after entry of the order he seeks to appeal or any order entered below, it is untimely. Accordingly, this appeal is hereby DISMISSED for lack of jurisdiction.

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.

Xytex Corporation v. Collins · filed 2016-03-17(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). 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, the plaintiffs filed their notice of appeal 35 days after the trial court’s order was entered. Accordingly, the plaintiffs’ appeal in A16A1139 is untimely, and it is hereby DISMISSED for lack of jurisdiction.

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

Ford v. State · filed 2016-03-22(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Ford’s notice of appeal, filed 35 days after entry of the order, is untimely, and this appeal is therefore DISMISSED for lack of jurisdiction.

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

Lewis v. State · filed 2016-04-04(a)

A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court. See Rowland v. State, 264 Ga. 872 (1) (452 SE2d 756) (1995). Lewis’s notice of appeal, filed 31 days after entry of the order, is untimely, and this appeal is therefore DISMISSED for lack of jurisdiction.

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

Gary v. Bruce Chatman, Warden · filed 2016-04-04(a)

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

A notice of appeal must be filed within 30 days after entry of the trial court’s order; an appeal filed after that deadline is untimely and must be dismissed for lack of jurisdiction.

Collins v. Xytex Corporation · filed 2016-04-04(a)

A notice of appeal must be filed within 30 days after the entry of the trial court’s order. OCGA § 5-6-38 (a). ... Here, the plaintiffs filed their notice of appeal 35 days after the trial court’s order was entered. Accordingly, the plaintiffs’ appeal in A16A1139 is untimely, and it is hereby DISMISSED for lack of jurisdiction.

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

Hill-Blount v. the State · filed 2016-04-05(a)

Although the filing of a motion for a new trial generally extends the deadline for filing a notice of appeal, see OCGA § 5-6-38 (a), an untimely motion for a new trial is void and does not extend the time for filing an appeal, Wicks v. State, 277 Ga. 121, 121-122 (587 SE2d 21) (2003).

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

Brockway v. Lindsey · filed 2016-04-12(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).

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

Haslam v. State · filed 2016-04-25(a)

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

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

Clowers v. Williamson · filed 2016-04-25(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 Clowers failed to file a notice of appeal within 30 days of the entry of the appealable judgment, we lack jurisdiction over this appeal, which is hereby DISMISSED.

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

Freda Beatrice Weeks Eaton v. Deutsche Bank Trust Company Americas · filed 2016-05-11(a)

First, to the extent Freda Eaton seeks to appeal the trial court’s order granting summary judgment in the equitable reformation action, her notice of appeal is untimely. A notice of appeal must be filed within 30 days after entry of the appealable order. See OCGA § 5-6-38 (a).

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

Jackson v. State · filed 2016-05-11(a)

Because Jackson failed to file a notice of appeal within 30 days of the order denying his motion to withdraw guilty plea, we lack jurisdiction.

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

Shanita Chandler v. Mitchell · filed 2016-05-11(a)

First, Chandler’s notice of appeal is not timely as to the January 7, 2016 dismissal order or to the April 29, 2015 dismissal order. 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).

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

Roylee Smith v. State · filed 2016-05-11(a)

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

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

Richard v. Richard · filed 2016-05-11(a)

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of entry of the order on appeal. The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intern. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Because Lana Richard’s notice of appeal was filed 35 days after entry of the final order, this appeal is untimely. It is therefore DISMISSED for lack of jurisdiction.