Legal Opinion

Carpets 'n Colors, Inc. v. Hollycraft Carpets, Inc.

Court of Appeals of Georgia

Decided January 22, 1986No. 71754PublishedCited by 2 opinions

1Opinion of the Court

Banke, Chief Judge.

It appearing that the notice of appeal in this case was not filed within 30 days after entry of the judgment appealed from, as required by OCGA § 5-6-38 (a), and that no extension of time was sought or obtained from the trial court, the appeal is hereby dismissed. See OCGA § 5-6-48 (b) (1); Bowen v. Clayton County Hosp. Auth., 160 Ga. App. 809 (288 SE2d 232) (1982). “The timely filing of a notice of appeal is essential to confer jurisdiction upon the appellate court.” Id. at 810.

The authorities cited by the appellant for the proposition that an out-of-time appeal may be…

2Cases cited2 opinions

  1. Mitchell v. StateCourt of Appeals of Georgia · 1981
  2. Bowen v. Clayton County Hospital AuthorityCourt of Appeals of Georgia · 1982

3Cited by2 opinions

  1. City of Atlanta v. BrownCourt of Appeals of Georgia · 1986
  2. Smith v. HobbsCourt of Appeals of Georgia · 1989

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