Public-domain · open source
OpenJurist

188 Ga. App. 556

White v. White

Court of Appeals of Georgia

Decided September 23, 1988

Court of Appeals of Georgia · decided 1988-09-23

Cited by 5 later decisions — most recently October 2018

5 state decisions

Relies on 162 Ga. App. 695 - Searcy v. State · Rogers v. Rogers · 153 Ga. App. 33 - Bank of Coweta v. Lee

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-23

View the full empirical analysis of this case →

McMurray, Presiding Judge.

¶1When this court issues an order granting a discretionary appeal, the applicant must file a notice of appeal within ten days of the issuance of the order. OCGA § 5-6-35 (g). The timely filing of the notice of appeal is an absolute prerequisite in order to confer jurisdiction on this court. Moncrief v. Tara Apts., 162 Ga. App. 695 (293 SE2d 352).

¶2In the case sub judice, an order was issued on February 5, 1988, granting a discretionary appeal in this child custody case. Appellant did not file a notice of appeal until February 17, 1988.

¶3The Clerk of the Superior Court of Atkinson County has certified that that court was open for business on February 15 and 16, 1988. It *557appears, therefore, that the notice of appeal was filed two days late. Held:

Decided September 23, 1988.Mitchell 0. Moore, for appellant.William A. King, for appellees.

¶4The burden is on the appellant to file his notice of appeal in a timely fashion. Rogers v. Rogers, 238 Ga. 576 (234 SE2d 495). “The burden is not satisfied by relying on the postal delivery but may be satisfied only by depositing the notice of appeal with the clerk within the appropriate time frame. Bank of Coweta v. Lee, 153 Ga. App. 33 (264 SE2d 526).” Moncrief v. Tara Apts., 162 Ga. App. 695, supra.

¶5Appellant failed to satisfy the burden of timely filing the notice of appeal. Accordingly, we are without jurisdiction to consider this case. It must be dismissed.

¶6Appeal dismissed.

Pope and Benham, JJ., concur.
/188/gaapp/556 · .json · Public domain