Glenda L. Dalton v. Lake Arrowhead Yacht and Country Club, Inc.

Opinion

Court of Appeals of the State of Georgia

June 13, 2013

ATLANTA,__________________

The Court of Appeals hereby passes the following order:

A13A1796. GLENDA L. DALTON v. LAKE ARROWHEAD YACHT AND COUNTRY CLUB, INC.

On February 15, 2013, the trial court entered an order granting in part the plaintiff’s motion for summary judgment. Defendant Glenda Dalton did not file a timely notice of appeal. She did, however, file a motion to extend the time to file a notice of appeal, which the trial court granted. On April 3, 2013, Dalton filed this appeal. We lack jurisdiction.

An out-of-time appeal is a judicially-created remedy that is limited to criminal cases. See, e. g., Cody v. State, 277 Ga. 553 (592 SE2d 419) (2004). Thus, in civil cases, an order granting an out-of-time appeal is ineffective to confer jurisdiction on the appellate court. Woodall v. Woodall, 248 Ga. 172, 173 (281 SE2d 619) (1981). Because the trial court’s order granting the out-of-time appeal was not effective, we are without jurisdiction to consider this appeal, which is therefore DISMISSED.

Court of Appeals of the State of Georgia 06/13/2013

Clerk’s Office, Atlanta,__________________ 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.