Automated Summary
Key Facts
Phillip Erick was convicted of theft by taking and filed a motion for new trial denied April 20, 2012. Erick filed a notice of appeal on July 31, 2012, which was 102 days after the denial order. The Court of Appeals dismissed the appeal for lack of jurisdiction because the notice was filed beyond the 30-day statutory requirement under OCGA § 5-6-38(a).
Issues
Whether the Court of Appeals has jurisdiction to hear the appeal given that the notice of appeal was filed 102 days after the entry of the order on appeal, exceeding the 30-day statutory requirement under OCGA § 5-6-38(a).
Holdings
The Court of Appeals dismissed the appeal because the notice of appeal was filed 102 days after the entry of the order on appeal, which exceeded the 30-day statutory requirement for timely filing. The court lacks jurisdiction when the notice of appeal is not filed within the proper timeframe, as timely filing is an absolute requirement to confer jurisdiction on this Court.
Legal Principles
The court held that a notice of appeal must be filed within 30 days of entry of the order on appeal to confer jurisdiction. Because Erick filed his notice 102 days after the order was entered, the court lacked jurisdiction and dismissed the appeal.
Precedent Name
- Couch v. United Paperworkers Intl. Union
- Rowland v. State
Cited Statute
Georgia Code provision governing notice of appeal timing
Passage Text
- Because the notice of appeal was filed 102 days after entry of the order on appeal, we lack jurisdiction. Accordingly, this appeal is hereby DISMISSED.
- This appeal has been dismissed because your counsel failed to file a timely notice of appeal. If you still wish to appeal, you may petition the trial court for leave to file an out-of-time appeal.
- The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction on this Court.