Smith v. McTaggart

*230 Bethel, Judge.

*144 Grady Smith appeals from a final order in child custody proceedings with Rosita McTaggart. On appeal, Smith argues that the trial court abused its discretion when it denied his motion for continuance prior to the final hearing after Smith discovered that his counsel was not a member of the State Bar of Georgia and could not represent him.

*145 In her response brief, McTaggart argues that the Court of Appeals does not have jurisdiction over this case because Smith failed to file a timely notice of appeal. We agree.

"The proper and timely filing of the notice of appeal is an absolute…