Public-domain · open source
OpenJurist

168 Ga. App. 278

308 S.E.2d 693

Fredericks v. State

Court of Appeals of Georgia

Decided September 19, 1983

Court of Appeals of Georgia · decided 1983-09-19

Cited by 4 later decisions — most recently April 1998

4 state decisions

Key passage — most relied on by later courts

“[n]owhere does the notice set forth "a concise statement of the judgment, ruling or order entitling the appellant to take an appeal." Nor does it contain "a brief statement of the offense and the punishment prescribed," as required in criminal cases.”

quoted by 1 later decision, including Brumby v. State

Relies on Ballew v. State · 121 Ga. App. 52 - Hicks v. State · 164 Ga. App. 109 - Underwood v. State Ex Rel. Price

Good law ✅— No negative treatment on recordhow we know

Decided 1983-09-19

View the full empirical analysis of this case →

Carley, Judge.

¶1 “ ‘The filing of a notice of appeal in the manner and within the time prescribed by the Appellate Practice Act is necessary to confer jurisdiction upon this court. If a notice of appeal is not filed within 30 days from a “judgment, ruling or order entitling the appellant to take an appeal” then this court has no jurisdiction from the outset. . .’ [Cit.]” Underwood v. State, 164 Ga. App. 109 (296 SE2d 365) (1982).

¶2 Appellant’s notice of appeal states, in essential part, only the following: “Comes now defendant in the above styled cause, and files this his Notice of Appeal to the Court of Appeals of Georgia.” “Nowhere does the notice set forth ‘a concise statement of the judgment, ruling or order entitling the appellant to take an appeal.’ Nor does it contain ‘a brief statement of the offense and the punishment prescribed,’ as required in criminal cases. Hence, the notice of appeal does not satisfy the requirements of the Appellate Practice Act ([OCGA § 5-6-37 (Code Ann. § 6-802)]), and therefore must be dismissed.” Ballew v. State, 225 Ga. 547 (170 SE2d 242) (1969). OCGA § 5-6-48 (f) (Code Ann. § 6-809) does not require a different result. Ballew v. State, supra at 548. This court is bound by the Supreme Court’s ruling in Ballew and, accordingly, the instant case must be dismissed for lack of jurisdiction. Hicks v. State, 121 Ga. App. 52 (172 SE2d 453) (1970).

¶3 Appeal dismissed.

Deen, P. J., and Banke, J., concur.
/168/gaapp/278 · .json · Public domain