Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc.

Court of Appeals of Georgia

Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc.

DecidedDecember 19, 2018

DocketA19A0778

StatusPublished

This text of Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc. (Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc., (Ga. Ct. App. 2018).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ December 06, 2018

The Court of Appeals hereby passes the following order:

A19A0778. ANN J. HERRERA, AS CONSERVATOR OF B .W., A MINOR v. PRESERVATION MANAGEMENT, INC. et al.

We granted an application for interlocutory appeal filed by Preservation Management, Inc., The Seven Fifty Limited Partnership, Majestic Manor, LLC, and John Does Nos. 1-5 (“the Defendants”). See Case Number A18I0263, granted August 8, 2018. On August 13, 2018, the Defendants filed a timely notice of appeal. See Case No. A19A0777. On August 31, 2018, plaintiff Ann J. Herrera, as Conservator of B.W., a minor, filed a notice of cross-appeal. We, however, lack jurisdiction. Cross-appeals must be filed within 15 days from service of the appellant’s notice of appeal. OCGA § 5-6-38 (a). Here, the plaintiff filed her notice of cross- appeal 18 days after service of the Defendants’ notice of appeal. Accordingly, the notice of cross-appeal is untimely. We thus lack jurisdiction over the cross-appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/06/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ December 06, 2018

The Court of Appeals hereby passes the following order:

A19A0778. ANN J. HERRERA, AS CONSERVATOR OF B .W., A MINOR v. PRESERVATION MANAGEMENT, INC. et al.

We granted an application for interlocutory appeal filed by Preservation Management, Inc., The Seven Fifty Limited Partnership, Majestic Manor, LLC, and John Does Nos. 1-5 (“the Defendants”). See Case Number A18I0263, granted August 8, 2018. On August 13, 2018, the Defendants filed a timely notice of appeal. See Case No. A19A0777. On August 31, 2018, plaintiff Ann J. Herrera, as Conservator of B.W., a minor, filed a notice of cross-appeal. We, however, lack jurisdiction. Cross-appeals must be filed within 15 days from service of the appellant’s notice of appeal. OCGA § 5-6-38 (a). Here, the plaintiff filed her notice of cross- appeal 18 days after service of the Defendants’ notice of appeal. Accordingly, the notice of cross-appeal is untimely. We thus lack jurisdiction over the cross-appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 12/06/2018 I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

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Ann J. Herrera, as Conservator of B .W., a Minor v. Preservation Management, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/ann-j-herrera-as-conservator-of-b-w-a-minor-v-preservation-gactapp-2018.

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