Sino-Fund, LLC v. Guifang Zhang

• Court: Court of Appeals of Georgia
• Decided: June 10, 2016
• Docket: A16A1767
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ June 07, 2016

The Court of Appeals hereby passes the following order:

A16A1767. SINO-FUND, LLC v. GUIFANG ZHANG.

On July 29, 2015, the trial court entered a final judgment in favor of defendant Guifan Zhang in this civil case. Sino-Fund, LLC filed a motion for new trial, which the trial court denied on September 21, 2015. On October 22, 2015, Sino-Fund filed this direct appeal.1 We lack jurisdiction. A notice of appeal must be filed within 30 days after the entry of the trial court's order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. See Perlman v. Perlman, 318 Ga. App. 731, 739 (4) (734 SE2d 560) (2012); Couch v. United Paperworkers Intl. Union, 224 Ga. App. 721 (482 SE2d 704) (1997). Here, Sino- Fund filed its notice of appeal 31 days after the trial court's order was entered. Accordingly, Sino-Fund’s appeal is untimely, and it is hereby DISMISSED for lack of jurisdiction. Court of Appeals of the State of Georgia 06/07/2016 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.

1 Sino-Fund originally filed its appeal in the Supreme Court, which transferred the case to this Court after finding no basis for jurisdiction in the Supreme Court.