In Re: Ann Saywell Spears

• Court: Court of Appeals of Georgia
• Decided: May 1, 2024
• Docket: A24A0357
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ May 01, 2024

The Court of Appeals hereby passes the following order:

A24A0357. IN RE: ANN SAYWELL SPEARS.

Leigh Ann Siegel was appointed conservator of adult ward Ann Saywell Spears. Mary Todd Bohlke petitioned to revoke Siegel’s letters of conservatorship. The trial court conducted a hearing and signed an order revoking Siegel’s letters of conservatorship. Siegel filed a motion for new trial, which the trial court denied. Siegel appeals this ruling. We, however, lack jurisdiction. “[I]t is incumbent upon this Court to inquire into its own jurisdiction.” MSM Poly, LLC v. Textile Rubber & Chem. Co., 353 Ga. App. 538, 539 (1) (839 SE2d 4) (2020). The record in this case reveals that a proposed order was submitted to the trial court on April 28, 2022, and file-stamped on that date. That order was signed by the trial court on May 31, 2022, but there is no file-stamped copy of the signed order; the only filing date predates the date of signing. Pursuant to OCGA § 5-6-31, a judgment is deemed entered when it is signed by the judge and entered by the clerk, both of which are prerequisites to an appeal. See Boynton v. Reeves, 226 Ga. 202, 202 (173 SE2d 702) (1970). Entry of final judgment is determinative in establishing appellate jurisdiction. See McKeever v. State, 189 Ga. App. 445, 446 (375 SE2d 899) (1988). Because judgment here was never entered, Siegel’s motion for new trial is not legally cognizable. See Southall v. State, 300 Ga. 462, 466 (1) (796 SE2d 261) (2017) (“[A]n early motion for new trial or notice of appeal is . . . not legally cognizable before the judgment about which it complains is entered of record.”). Under these circumstances, the case remains pending in the trial court. See McKeever, supra. Accordingly, we lack jurisdiction to consider this appeal, which is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 05/01/2024 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.